Tag: ADA

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ADA Provisions Extend Beyond Conventional Notions of Disability Discrimination

Corrections officer -Employment law decision disability discrimination.

Navigating Workplace Rights with Legal Expertise

In employment law, the case of John Nawara highlights the challenges individuals may encounter when asserting their rights under the Americans with Disabilities Act (ADA). This case serves as a significant example of both employers’ obligations and the determination employees must possess to protect their rights.

John Nawara began his tenure with the Cook County Sheriff’s Office in 1998 and served as a correctional officer for nearly two decades. However, in 2016, his career took a critical turn following several difficult interactions with colleagues, including a superior officer, an HR manager, and an occupational health nurse. These incidents raised concerns that prompted his employer to require a fitness-for-duty evaluation, leading to a series of legal proceedings that examined the interpretation of the ADA.

The decision to place Nawara on paid leave while awaiting a medical examination raised important questions regarding ADA compliance, particularly concerning medical inquiries and evaluations. Cook County required Nawara to sign medical authorization forms, which he initially resisted. This resistance resulted in a shift from paid leave to unpaid leave. Eventually, he agreed to the examination and was cleared to return to work. Despite this clearance, the requirement for a medical examination without a clear justification led Nawara to pursue legal action, claiming his employer had violated ADA guidelines.

As the case advanced through the legal system, it garnered considerable attention and support, notably from the Equal Employment Opportunity Commission (EEOC). The central legal issue was whether Cook County’s insistence on a medical examination constituted a form of disability discrimination, highlighting that an employee might invoke ADA protections even without a recognized disability.

The ADA imposes strict limitations on when employers can demand medical examinations from current employees, stipulating that such requests must be job-related and consistent with business necessity. Nawara, supported by the EEOC, argued that the demand for a medical examination was unjustified and violated these standards. Ultimately, the appeals court ruled in Nawara’s favor, affirming his right to receive back pay—a landmark decision indicating that the ADA’s provisions extend beyond conventional notions of disability discrimination.

This case serves as an important reminder to both employees and employers about the nuances of ADA provisions. Employers must exercise caution and ensure any medical examinations or inquiries are properly justified, while employees should be aware of their rights and protections.

Nawara’s experience illustrates that the path to justice can be complex and emotionally taxing. Therefore, it is crucial for individuals facing such issues to seek consultation with experienced employment attorneys. These legal professionals offer vital guidance and advocacy, enabling employees to navigate their rights and responsibilities effectively, thus highlighting the essential role of legal expertise in fostering fair outcomes in the workplace.

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Disability, Genetic Information Discrimination Suit Settled for $515,000

DNA genetic information discrimination lawyers in Los Angeles Helmer Friedman LLP.

Factor One Source Pharmacy Pressured Employees and Applicants to Fill Expensive Hemophilia Prescriptions with the Company

Factor One Source Pharmacy, LLC has agreed to pay $515,000 and provide other relief to resolve a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) for disability and genetic information discrimination. The lawsuit alleged that the pharmacy violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by pressuring employees and applicants to use its pharmacy services for expensive hemophilia prescriptions. The company unlawfully inquired about employee disabilities and genetic information and targeted individuals with hemophilia or family members with hemophilia for recruitment.

Employees who refused to use the company’s pharmacy services for hemophilia medications were reportedly fired or laid off, while those who complied retained their jobs, even if they had poorer performance reviews. This alleged conduct violated the ADA and GINA, which prohibit discrimination based on disability and genetic information.

The EEOC filed the suit in the U.S. District Court for the District of Colorado, and the settlement requires the new owners of Factor One to pay $515,000 in monetary relief, among other provisions. The company is also prohibited from employing or contracting with its prior CEO and owner, taking adverse employment actions against employees based on their non-use of the company’s pharmacy, and must provide ADA and GINA training to employees and conduct a survey on their treatment in the workplace.

EEOC officials emphasized the importance of preventing unlawful discrimination in the specialty pharmacy industry and highlighted that federal laws prohibit discrimination based on familial connections, such as family medical history under GINA and discrimination based on an employee’s relationship or association with an individual with a disability under the ADA.

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Anxiety Disability Discrimination Lawsuit Citizens Bank

Federal laws protect employees from discriminatreverse discrimination, employer retaliation.

Anxiety Disability Discrimination Lawsuit against Citizens Bank Settles for $100,000

Citizens Bank has been accused of violating the Americans with Disabilities Act (ADA) by refusing to accommodate a call center employee who developed an anxiety disorder. The employee requested reassignment to a position that did not require him to field calls with aggravated customers over the phone. Despite having hundreds of nearby job openings, Citizens Bank refused to reassign the employee or discuss alternative accommodations until he returned to his job at the call center, the same position his disability prevented him from performing. As a result, the employee was forced to resign.

“We’ve seen a huge uptick in the number of potential or prospective clients calling us since the pandemic began with regard to either mental health issues in general or anxiety and PTSD.” Andrew H. Friedman – in an Law360 article entitled, No Letup in Sight as Anxiety-Related EEOC Charges Mount.

The EEOC filed a lawsuit (EEOC v. Citizens Bank, N.A., Civil Action No. 1:19-cv-00362) in the U.S. District Court for the District of Rhode Island after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC alleges that Citizens Bank violated the ADA, which prohibits discrimination against employees with disabilities and requires employers to provide reasonable accommodations, including reassignment.

According to the EEOC, 2600 workers lodged anxiety-related disability discrimination charges in 2021. Citizens Bank has agreed to a 30-month consent decree that includes monetary relief and other measures to support employees with disabilities. The bank will offer noncompetitive reassignment as a reasonable accommodation for employees with disabilities. The bank will also revise its reasonable accommodation policy, train its employees on noncompetitive reassignment as a reasonable accommodation, provide specialized training to its human resources department, and appoint an internal monitor to ensure compliance with the decree.

The EEOC is committed to enforcing the ADA and ensuring that qualified employees with disabilities can return to work. Citizens Bank will implement company-wide policy changes and pay $100,000 to a former Cranston, Rhode Island, call center employee to resolve the disability discrimination lawsuit.

More information about disability discrimination is available at https://www.eeoc.gov/eeoc-disability-related-resources.

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Papa John’s Pizza Disability Discrimination Lawsuit Settled for $175,000

Disability discrimination laws protect blind employees accommodations for service dogs. Helmer Friedman LLP vigorously protects the rights of all employees.

Federal Agency Charges Pizza Chain Failed to Accommodate and Fired Blind Employee Because of Disability Settled

“Congress passed Title I of the Americans with Disabilities Act to remove the barriers to employment faced by workers with disabilities, and for Mr. Barnes, his service dog does just that,” said Darrell Graham, district director of the Atlanta office. “The EEOC will continue its fight to ensure that all employees, regardless of disability status, have an equal opportunity to earn the privileges and benefits of employment.”

Papa John’s Pizza, an international chain of pizza restaurants based in Louisville, Kentucky, has settled a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) by agreeing to pay $175,000 and provide other relief. The lawsuit was filed after the company failed to accommodate and fired a blind employee because of his disability.

In early 2020, Michael Barnes, who is legally blind and relies on his service dog for his commute, applied for a job at his local Papa John’s restaurant in Athens, Georgia, after hearing from a friend that the company hired individuals with vision impairments. Barnes was hired but could not start until his accommodation request to bring his service dog was formally granted by Papa John’s. However, the company denied Barnes’s accommodation request and fired him before he worked a single shift.

Such conduct violates the Americans with Disabilities Act (ADA). “The ADA prohibits employers from terminating employees because of a disability and denying them equal employment opportunities,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office.

“Not allowing blind and visually impaired people to travel to and from work in the way that affords them confidence and independence is akin to telling sighted workers who rely on the flexibility and independence of driving that they may not travel to work by car,” said Karla Gilbride, the EEOC’s general counsel. “We are glad that Papa John’s has agreed to provide training to its employees and hope that in the future, no other job applicant who uses a service dog will experience the discrimination that Mr. Barnes faced.”

Under the two-year consent decree resolving the lawsuit, Papa John’s will pay $175,000 in monetary damages to Barnes, train its employees on the ADA, review its employment policies, and allow the EEOC to monitor complaints of discrimination or retaliation.

“The EEOC will continue its fight to ensure that all employees, regardless of disability status, have an equal opportunity to earn the privileges and benefits of employment,” said Darrell Graham, district director of the Atlanta office.

“We are glad that Papa John’s has agreed to provide training to its employees and hope that in the future, no other job applicant who uses a service dog will experience the discrimination that Mr. Barnes faced,” said Karla Gilbride, the EEOC’s general counsel.

“The Commission is steadfast in its commitment to making sure all employees have an equal opportunity to earn and enjoy the privileges and benefits of employment, regardless of their disability status,” added Darrell Graham, district director of the EEOC’s Atlanta office.

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.