Category: Americans with Disabilities Act

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MedMark Counselor Fired After Requesting Accommodations

Disability Discrimination Lawyers of Helmer Friedman LLP have extensive knowledge in this area of law.

In a recent situation that underscores the profound significance of protecting employee rights, BayMark Health Services faced serious allegations of disability discrimination after terminating an addiction counselor who had bravely requested reasonable accommodations to return to work following an extended medical leave. This case shines a light on the essential protections provided by laws like the Americans with Disabilities Act (ADA), which exist to safeguard employees with disabilities from unjust treatment in the workplace.

“California employers need to be aware that the law of this state requires them to take reasonable steps to accommodate employees with disabilities and medical conditions so that they have the same access to employment as anyone else.” Andrew H. Friedman, founding partner of Helmer Friedman LLP

The counselor, dedicated to his role at MedMark Treatment Centers in Vallejo, California—a part of BayMark Health Services—sought accommodations that would allow him to continue his vital work of supporting individuals facing the challenges of substance use disorders. His desire to help others during his own time of need reflects both strength and commitment. Unfortunately, his request was denied, leading to his termination—a decision that not only affects his livelihood but goes against the spirit of the ADA. The law emphasizes the necessity for employers to provide reasonable adjustments for employees with disabilities, except in cases where such accommodations would impose an undue burden on the business.

In the aftermath of this distressing case, BayMark Health Services reached a settlement of $55,000, aimed to provide back pay and compensatory damages to the counselor. This resolution also included a commitment from the company to reassess and improve its non-discrimination policies, demonstrating a willingness to learn and grow. Additionally, they pledged to conduct comprehensive training for managers and HR personnel at their Vallejo location, emphasizing the importance of understanding and empathy in the workplace.

This situation serves as a poignant reminder to all employers about the necessity of engaging in open and compassionate conversations with employees who request accommodations, always prioritizing their ability to fulfill their roles.

If you or someone you know has faced dismissal due to a disability or because of an accommodation request, it’s vital to seek support from a compassionate disability discrimination lawyer. These legal experts can provide crucial guidance and representation, ensuring your rights are protected under laws like the ADA. Understanding your rights is not just the first step in navigating this challenging journey; it’s essential in fostering a workplace that is fair and inclusive for everyone, regardless of their health status.

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Gender Discrimination, Harassment and Retaliation at OC Assessors Office

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A confidential report has revealed serious allegations against Orange County Assessor Claude Parrish. The report, commissioned by the county and obtained by LAist, details instances of harassment, discrimination, and retaliation within his office. It uncovers a concerning pattern of behavior from Parrish, raising alarms about his treatment of employees and adherence to workplace policies.

At the heart of the investigation are claims of gender discrimination and harassment of a subordinate suffering from a medical disability. The report outlines how Parrish belittled the employee’s chronic medical condition, referring to it dismissively as a “tummy ache,” infringing upon her privacy by sharing her sensitive medical details with colleagues and making intrusive comments about her diet. His inappropriate actions extended to advising her to stop taking her prescribed medication, amounting to a gross violation of her personal health decisions.

More disturbingly, Parrish allegedly retaliated against this employee for taking medically necessary leave, punishing her by transferring her to another department. His consistent use of language that portrayed female employees as subordinate to male counterparts further underscores the gender-based nature of his discrimination.

These actions are in direct violation of both county policy and state law, enforceable under laws like the Fair Employment and Housing Act (FEHA), which protects employees from discrimination and harassment based on disability and gender, and the Americans with Disabilities Act (ADA), which requires employers to accommodate employees with disabilities. Retaliation against an employee for exercising their rights under these laws is also prohibited.

The county’s Human Resources department issued a formal cease-and-desist order to Parrish, accompanied by a recommendation for anti-harassment training, underscoring the seriousness of the violations. Yet, despite the gravity of the situation, Parrish remains in office, continuing to manage a staff as an elected official, insulated from immediate dismissal by the Board of Supervisors.

The revelations underscore a critical need for vigilance and transparency in workplaces, especially given the power dynamics between elected officials and their subordinates. They also highlight the importance of reporting misconduct to appropriate channels, ensuring accountability at all levels.

For victims of workplace harassment, discrimination, or retaliation, consulting with an employment attorney can be essential. Skilled in navigating the complexities of employment law, an attorney can provide valuable guidance, ensuring that rights are protected and appropriate measures are taken. Legal counsel can aid in holding perpetrators accountable and securing a safe and respectful working environment.

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Rights, Protections, and Recovery: Navigating Colorectal Cancer and Your Workplace

Cancer can make you feel like you're going to pieces navigating work and treatment.

In 2024, colorectal cancer is estimated to be the fourth most common cancer in men and women.

Facing a diagnosis of colorectal cancer can be an overwhelming experience, both emotionally and physically. This disease poses significant challenges, often manifesting through distressing symptoms such as changes in bowel habits, rectal bleeding, abdominal discomfort, persistent fatigue, and unexpected weight loss. If you or someone you care about is navigating this journey, it’s vital to understand the treatment options available, the expected recovery times, and your rights for protection at work under U.S. law.

Colorectal cancer treatments vary widely and can include surgery, radiation therapy, chemotherapy, targeted therapy, and immunotherapy, tailored to fit individual health needs. While these treatments have the potential to be life-saving, they often come with a range of side effects—such as pain, extreme fatigue, decreased appetite, and emotional strain—that can necessitate considerable recovery time and support from loved ones. Recovery can be a lengthy process, lasting from a few weeks to several months, and it is essential to approach this journey with compassion for yourself.

You should also know that there are laws designed to protect your rights as an employee during this challenging time. The Federal Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and numerous State Family and Medical Leave laws are crucial safety nets for employees facing serious health concerns like colorectal cancer. The FMLA, for instance, may entitle you to take up to 12 workweeks of unpaid, job-protected leave within a year, allowing you to prioritize your health without fear of job loss. Importantly, this law also protects you from retaliation for exercising your rights.

The ADA further supports you by requiring employers to provide reasonable accommodations for employees with disabilities, including those undergoing treatment for colorectal cancer. These accommodations could mean adjusting your work schedule, allowing time off for medical appointments, or creating a more manageable workload. Your health and well-being should come first, and there are provisions in place to ensure you are supported during this time.

On the state level, protections can be even more comprehensive. Some state laws may offer additional benefits, such as wage replacement during your medical leave or broader eligibility for time off.

It’s deeply unjust to face discrimination or termination due to a cancer diagnosis, and the law stands firmly on your side. If you have experienced wrongful termination or discrimination because of your diagnosis or in exercising your rights under the FMLA or ADA, seeking the guidance of an experienced employment law attorney can be a powerful step. This support can help you understand your rights and navigate the necessary actions to safeguard your career and well-being.

Remember, while a cancer diagnosis can be profoundly challenging and disruptive, you are not alone in this battle. There are numerous resources and support systems available to help you through these trying times. By understanding your rights in the workplace, you can find the peace of mind needed to concentrate on your health and embark on your road to recovery. Your well-being matters, and you deserve the support you need.

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Lawsuit Settles for $205,000 After Walgreens Refused Employees Medical Treatment

Unaddressed sexual harassment complaints creating a hostile work environment. Contact the lawyers at Helmer Friedman LLP for help.

A deeply troubling case of pregnancy and disability discrimination at Walgreens has come to light through a recent lawsuit, revealing the grave ramifications of neglecting employee rights. The case centers on a pregnant sales associate, who was also battling diabetes and hypoglycemia, and tragically suffered a miscarriage after her manager callously denied her request for emergency leave. When she began to experience concerning symptoms and started spotting, her urgent plea for medical attention was met with refusal, highlighting a shocking disregard for her well-being. While the lawsuit was ultimately settled for $205,000, no financial compensation could ever repair the profound loss she endured as a result of this negligence.

This heartbreaking incident serves as a stark reminder of the protections afforded to employees under the Americans with Disabilities Act (ADA) and the Pregnancy Workers Fairness Act (PWFA). These laws are designed to ensure that pregnant workers receive the necessary accommodations to safeguard their health and well-being. Under the ADA, employers are prohibited from discriminating against individuals with disabilities, a category that includes pregnancy-related conditions. Additionally, the PWFA mandates that employers provide reasonable accommodations for job applicants or employees affected by pregnancy, childbirth, or related medical circumstances, unless such accommodations result in significant difficulty or expense for the employer.

Regrettably, this case exemplifies a blatant violation of these critical regulations, leading to devastating consequences for the employee involved. The law clearly stipulates that employers must carefully consider requests for reasonable accommodations, including urgent medical leave, and are required to grant these requests unless they impose an undue hardship. Yet, in this instance, the pregnant sales associate was denied even the most fundamental and necessary accommodation of emergency medical leave.

If you or someone you know has faced a similar ordeal, it is vital to seek guidance from an attorney who specializes in disability discrimination. The legal landscape surrounding these situations can be complex and nuanced, necessitating the expertise of a professional who can adeptly navigate these issues. Your rights as a pregnant worker are safeguarded by law, and no individual should be forced to endure such a harrowing experience due to workplace negligence. Remember, the law stands with you, and there are dedicated professionals ready to assist you in asserting your rights.

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Standing Up Against Workplace Discrimination: The Role of the Americans With Disabilities Act

ADA protects employees from discrimination due to injuries outside of work.

It is crucial to recognize that an employee who suffers an injury outside of work should not be deprived of the support they need from their employer. The Americans with Disabilities Act (ADA) mandates reasonable accommodations, regardless of the injury’s origin. A recent case brings this important issue to light.

Sam’s East, Inc., along with Walmart Inc., operating under the Sam’s Club name, is currently facing a lawsuit for alleged disability discrimination. This situation arose after an employee experienced significant health challenges—such as post-concussion syndrome, upper back pain, muscle spasms, and chronic lower back pain—following a car accident. The employee reached out for minor, temporary adjustments to her job duties, hoping to continue contributing to her workplace.

Regrettably, after just one shift, she was informed that accommodating her needs would not be possible. Instead, the suggestion was made for her to take additional leave until she could return without any restrictions. Despite providing an expected recovery date, the employee faced a heart-wrenching dismissal, firmly told that the company would not accommodate injuries sustained outside the workplace. This case, now in the U.S. District Court for the Northern District of Georgia, underscores the potential violation of both federal law and the dignity of the employee involved.

This distressing scenario serves as a poignant reminder of the discrimination that many individuals with disabilities continue to encounter in their work environments. The ADA clearly stipulates that reasonable accommodations must be provided, irrespective of the injury’s source. Companies like Sam’s Club have a profound responsibility to support employees facing hardships, ensuring they can return to work with the necessary adjustments in place. Just because an injury arises outside of work does not lessen the employer’s obligation to care for their employees’ well-being.

Given these challenges, it becomes increasingly important to seek the support of an experienced attorney who can advocate for your rights during such trying times. Standing up against unjust treatment is not just important, it’s empowering, not just for individual circumstances but for wider societal change. When people take legal action against discrimination, they help build a future where similar injustices are less likely to occur.

As district director Darrell Graham poignantly noted, “Employees with disabilities have a right to work… [and the] EEOC is committed to enforcing the ADA and ensuring that Americans with disabilities have equal access to employment.” By holding companies accountable, we can work together to uphold these rights and foster environments where everyone is supported and valued.

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Northern Virginia Surgery Center Settles Disability and Age Discrimination Lawsuit for $50,000

Age discrimination and harassment are illegal.

A nonprofit organization has reached a settlement in a federal lawsuit that raised serious concerns about the treatment of an older employee who was on medical leave. The case involved a 52-year-old radiologic technician who, after undergoing carpal tunnel surgery, requested an extension of her leave to continue her recovery. Unfortunately, instead of supporting her during this challenging time, Northern Virginia Surgery Center, LLC (NVSC) terminated her employment and replaced her with two younger employees, aged 24 and 35.

This lawsuit serves as a vital reminder of the need to protect the rights of older workers, especially when they are navigating medical challenges that require support and understanding from their employers.

 

This situation highlights a painful reality faced by many in the workforce — that discrimination based on age can occur even in the face of legitimate medical needs. The Age Discrimination in Employment Act (ADEA) is in place to protect individuals aged 40 and older from such unfair treatment, while the Americans with Disabilities Act (ADA) mandates that employers accommodate employees with disabilities whenever possible.

The lawsuit (EEOC v. Northern Virginia Surgery Center, LLC, Case No. 1:24-cv-1721) in the U.S. District Court for the Eastern District of Virginia. This step was taken after unsuccessful attempts to settle the matter amicably before litigation.

In a commendable move towards healing and accountability, NVSC has agreed to a settlement of $50,000 and committed to implementing significant changes to better address discrimination claims in the future. Beyond the financial compensation for the employee affected, a two-year consent decree will require the company to revise its policies under the ADEA and ADA, provide essential training to management, educate employees about these important laws, and ensure that any complaints related to age or disability discrimination are reported to the EEOC.

Attorney Debra M. Lawrence expressed hope and relief following the resolution, stating, “This agreement will provide much-needed relief to the injured party and ensure that NVSC’s employees will have access to reasonable accommodations, such as medical leave, in the future.”

Mindy Weinstein, director of the EEOC’s Washington Field Office, underscored the importance of this case, noting, “This lawsuit serves as a vital reminder of the need to protect the rights of older workers, especially when they are navigating medical challenges that require support and understanding from their employers.”

It is important to note that age discrimination is a complex issue that may require legal intervention. If you or someone you know has been a victim of age discrimination, consider seeking legal advice from an experienced employment lawyer of Helmer Friedman LLP Age Discrimination Lawyers in Los Angeles. Together, we can help ensure that no one loses their job due to age.

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Pregnancy Discrimination – Employee Fired After Developing Placenta Previa

Discrimination based on gender stereotypes women with children is illegal. Call gender discrimination lawyers Helmer Friedman LLP.

In a recent case, Castle Hills Master Association and its affiliated property management companies agreed to pay $55,000 and provide other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit was filed on behalf of a pregnant resident coordinator who was terminated from her position after developing placenta previa, a pregnancy-related disability requiring bed rest. The employee was subsequently denied her request for a leave of absence, leading to her unlawful termination.

The crux of the case pertains significantly to the Americans with Disabilities Act of 1990 (ADA), which expressly prohibits discrimination based on an individual’s disability, including “pregnancy-related conditions.” The ADA’s protection covers cases where an employee is “treated unfavorably due to pregnancy or a pregnancy-related condition that the employee has.”

The ADA, under Title I, explicitly protects individuals from discrimination in job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It reads: “An employer cannot refuse to hire you because of a disability if you can perform the essential functions of the job with an accommodation.” This is directly applicable to the case at hand, where the dismissed employee could have continued her duties with the aid of a reasonable accommodation, in this case, a period of leave.

The ADA further states that employers must provide reasonable accommodation to an employee or job applicant with a disability “unless doing so would cause significant difficulty or expense for the employer.” This law clearly contradicts the actions of Castle Hills and its parent companies, who terminated the resident coordinator’s employment on the grounds of ineligibility for the Family Medical Leave Act (FMLA) or short-term disability benefits.

As proven in this court case, pregnancy discrimination is unlawful and a violation of an individual’s rights under the ADA. Should you, a friend, or a family member experience pregnancy discrimination, it is essential to seek legal counsel. An employment lawyer with experience in this intricate area of law can guide you through the proceedings, ensuring your rights are protected, and justice is served.

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Championing Disability Rights: The Role of ADA and Legal Support

The ADA ensures equal opportunities regardless and ADA lawyers protect clients rights, Helmer Friedman LLP.

In a ground-breaking move that draws attention to the important protections granted by the Americans with Disabilities Act (ADA), Catalyst Family Inc., a non-profit entity operating child development centers across California, has agreed to a settlement amounting to almost $150,000. The settlement resolves a disability discrimination lawsuit alleging that the company violated the ADA by firing an assistant teacher instead of granting his request for an accommodation due to his intellectual and cognitive disabilities.

Founded in 1975 as Continuing Development Incorporated and subsequently rebranded to Catalyst Family, Inc. in 2020, the organization has been serving families and children in California for over 45 years. Yet, it found itself at the receiving end of a lawsuit when it dismissed a part-time employee who had been with the company for two years after he sought an accommodation for his disability in March 2021. Remarkably, this termination occurred instead of fully implementing the requested accommodation, leading to allegations of the ADA’s contravention.

A cornerstone of the ADA, a fundamental legislation in the United States, is the requirement for employers to provide reasonable accommodations to employees with disabilities unless it leads to an undue hardship on the company. This mandate was enacted to level the playing field and give equal opportunities to all, regardless of their disability.

After investigating the issue, a pre-litigation conciliation process ensued, leading to the aforementioned settlement. Catalyst Family Inc. agreed not only to pay the monetary damages but also to revise its non-discrimination policies and procedures and provide training for all managers, recruiters, and HR personnel.

The company also committed to offering the terminated worker a neutral reference letter and removing the termination notice from his personnel file. The employee, now employed at a different educational program, expressed satisfaction with the settlement, indicating it was beneficial for everyone with disabilities, their families, and the children under their care.

Nancy Sienko, Equal Employment Opportunity Commission San Francisco District Director, noted that Catalyst Family’s cooperation to ensure compliance with the ADA’s requirements marks a victory for all involved. She highlighted the agency’s Strategic Enforcement Plan, emphasizing the importance of protecting vulnerable workers, including people with developmental or intellectual disabilities, from employment discrimination.

Through this case, it is clear that the ADA’s provisions for reasonable accommodations are not just optional niceties but essential rights for people with disabilities. It reminds businesses about the high cost of disability discrimination in the workplace, which goes beyond monetary penalties to include significant reputational damage.

As this case illustrates, employees who believe they have been discriminated against due to their disability should not hesitate to stand up for their rights. Seeking an experienced ADA attorney can make all the difference in challenging discriminatory practices, ensuring that policies align with the ADA, and attaining the justice they deserve. Reaching out to a legal expert can be the first step towards a more inclusive and fair workplace where everyone’s right to pursue their dreams is respected.

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ADA Advocacy – Ensuring Equal Employment Opportunities for People with Disabilities

Disability laws protect employees from being fired for requesting reasonable accommodations while battling illness. Disability discrimination lawyers Los Angeles, Helmer Friedman LLP.

The Americans with Disabilities Act (ADA) has been instrumental in ensuring that people with disabilities receive the same employment opportunities as everyone else. This transformative civil rights law strives to protect disabled individuals from discrimination, giving them an equal footing in many areas of public life, including the workplace.

Among the medical conditions recognized as disabilities is hypertension, also known as high blood pressure. This long-term condition persistently elevates blood pressure in the arteries. It is a silent illness, often unnoticed as it usually doesn’t cause symptoms, but it is a significant risk factor for severe conditions like stroke, heart failure, and kidney disease, among others. About 90–95% of hypertension cases are primarily caused by a mix of lifestyle and genetic factors.

People with disabilities, such as hypertension, are entitled to request reasonable accommodations to facilitate their work performance. A prime example is a lawsuit settled against Verizon Maryland, LLC, in which the ADA’s protective mandate was decisively enforced.

In this case, a management employee suffering from hypertension asked for a change of position to accommodate his health condition. He hoped to switch to a field position or an alternate management role. Despite an opening for a field role he had previously held, Verizon insisted that he had to quit his job and reapply for the position in six months. This offer of resignation and reapplication was the only accommodation provided by the company, forcing the employee to quit due to medical necessity.

After legal proceedings, Verizon Maryland agreed to pay $115,000 to settle this disability discrimination lawsuit. Beyond the monetary settlement, the lawsuit has led to significant changes within the company. Verizon can no longer suggest resignation and reapplication as accommodations under the ADA. The company must also provide training on the ADA, emphasizing that resignation and reapplication are not reasonable accommodations.

This case highlights the ADA’s crucial role in ensuring equal employment opportunities for disabled individuals. It also serves as a stark reminder for employers to consider and implement reasonable accommodations for their employees facing health issues.

In conclusion, employees subjected to disability discrimination must seek legal representation to protect their rights effectively. An attorney who is well-experienced in employment law and disability discrimination can help navigate the complexities of disability rights and champion your case in this specialized legal field. Upholding the spirit of the ADA is not just the responsibility of companies but each of us, fostering a more inclusive society.

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Violating Laws Protecting Travelers with Disabilities – $50 Million Fine

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DOT found that American Airlines failed to provide safe, dignified, and prompt wheelchair assistance and mishandled passengers’ wheelchairs  

“One traveler with a disability told us in her words, ‘I was made to feel like a piece of luggage, so I do not fly anymore’”

Recent developments have marked a significant advancement for travelers with disabilities, particularly with American Airlines. The Department of Transportation (DOT) and the Department of Justice (DOJ) have taken a strong stance to ensure equal access and dignified treatment for passengers with disabilities, imposing a landmark $50 million penalty on American Airlines for serious infractions of disability laws between 2019 and 2023.

The Air Carrier Access Act (ACAA)

“We applaud the Department of Transportation’s landmark civil rights agreement to uphold the dignity of passengers with disabilities in air travel,” said Kristen Clarke, Assistant Attorney General for Civil Rights.

The Air Carrier Access Act (ACAA) prohibits airlines from discriminating against passengers due to their disabilities. The DOT enforces the ACAA, which applies to all flights to, from, or within the United States. Violations reported include inadequate physical assistance leading to injuries and the mishandling and delays of wheelchairs—issues that have persisted with major U.S. airlines. Notably, complaints from disabled passengers surged by 9% from 2021 to 2022, reflecting the challenges millions of travelers face. In 2019, approximately 27 million individuals with disabilities traveled by air, according to the DOT.

“The Department of Justice is committed to ensuring that people with disabilities have the freedom to travel independently. Travelers with disabilities must be confident they will receive timely assistance and arrive safely, with their mobility aids and assistive devices intact.”

Airline Passengers with Disabilities Bill of Rights

In response to these issues, the DOT introduced the first-ever Airline Passengers with Disabilities Bill of Rights in July 2022. This important document outlines the rights to which disabled passengers are entitled during their travels, including the timely return of mobility devices in their original condition, prompt assistance for boarding and disembarking, and support in navigating airports.

As part of the investigation, American Airlines will pay a $25 million fine, with an additional $25 million allocated for investments in equipment to reduce wheelchair damage and delays, improve wheelchair handling coordination at large airports, and compensate affected passengers.

Under Secretary Buttigieg’s leadership, the DOT has imposed nearly $225 million in penalties against airlines for consumer protection and civil rights violations since 2020, underscoring the Biden-Harris Administration’s commitment to holding airlines accountable.

“The era of tolerating poor treatment of airline passengers with disabilities is over,” said U.S. Transportation Secretary Pete Buttigieg. “With this penalty, we are setting a new standard of accountability for airlines that violate the civil rights of passengers with disabilities. By setting penalties at levels beyond a mere cost of doing business for airlines, we’re aiming to change how the industry behaves and prevent these kinds of abuses from happening in the first place.”

In addition to enforcing penalties, the Biden-Harris Administration is introducing new regulations and funding for equipment to enhance travel experiences for disabled passengers. These new rules will establish standards for accessible lavatories on aircraft, provide funding for accessibility improvements at airports, and propose regulations to ensure safe and dignified accommodations for passengers using wheelchairs.

These initiatives reflect the dedicated efforts of the DOT and DOJ under the Biden-Harris Administration to address past violations, hold airlines accountable, and ensure a safer and more dignified air travel experience for passengers with disabilities.