Tag: disability accommodations

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Everport Terminal Services Settles Disability Discrimination Lawsuit for $200,000

Disability discrimination, age discrimination lawyers in Los Angeles, Helmer Friedman LLP.

Disability Discrimination Lawsuit Settled for $200,000

Workplace discrimination remains a pressing issue, and a recent settlement involving Everport Terminal Services underscores the importance of employers prioritizing inclusivity and complying with federal disability laws. Everport Terminal Services is a key player in the shipping and logistics industry, managing container cargo at its terminals. The company collaborates with ocean carriers, trucking companies, and rail services to streamline operations.

This case involves a mechanic, employed by Everport, who faced alleged discrimination based on his disability. This lawsuit not only brings attention to the rights of disabled employees but underscores the ultimate necessity for workplaces to adopt accommodations that promote equity.

The Case at a Glance

“I wanted to work within the restrictions set by my doctor,” expressed the mechanic, reflecting on his experience. “When I showed up to accept the offer of modified duty, it was painful to be turned away.”

The Equal Employment Opportunity Commission (EEOC) filed a case against Everport Terminal Services, alleging violations of the Americans with Disabilities Act (ADA). According to the lawsuit, the company failed to provide reasonable accommodations for the mechanic, despite being aware of his disability. Additionally, the mechanic reportedly faced workplace conditions that were not only noncompliant with ADA standards but also allegedly detrimental to his ability to perform his job effectively.

Without admitting liability, Everport Terminal Services agreed to a $200,000 settlement to resolve the case. Along with financial compensation, the settlement requires the company to revise its disability accommodation policies, conduct employee training on ADA compliance, and establish monitoring protocols to prevent future violations.

The Broader Significance

A Spotlight on Workplace Accommodation

This settlement serves as a reminder of the central role that accommodations play in fostering an equitable workplace environment. Under the ADA, employers are obligated to provide reasonable accommodations for employees with disabilities, barring undue hardship to the organization. These can include modified work schedules, adjusted duties, or equipment tailored to specific needs.

Failing to meet these obligations not only compromises the dignity of employees but also risks significant legal and financial repercussions, as seen in this case. Employers should view accommodation efforts not as a mere requirement but as an investment in workplace diversity and human potential.

Costs of Noncompliance

The lawsuit against Everport Terminal Services highlights the significant costs associated with noncompliance with federal laws designed to protect the rights of individuals with disabilities. The $200,000 settlement is just one facet of this cost. Beyond the financial penalty lies the reputational damage, a longer-term consequence that can affect employee morale, public perception, and even recruitment efforts.

This case serves as a cautionary tale for companies that overlook their responsibilities under the ADA, highlighting the importance of proactive measures and policies.

Cultivating Inclusive Workplaces

Steps Employers Can Take

It’s not enough to be aware of disability rights; organizations must act on this awareness. Here are some steps employers can take to ensure inclusivity in their workplaces:

  1. Comprehensive Training Programs: Employers should regularly train staff, from top executives to entry-level workers, on the intricacies of ADA requirements and the importance of fostering a supportive environment for employees with disabilities.
  2. Proactive Policy Reviews: Companies should conduct annual reviews of their hiring practices, workplace accommodations, and anti-discrimination policies, focusing on compliance and inclusivity.
  3. Accessible Communication Channels: Employees must feel safe and encouraged to communicate their needs without fear of retaliation. Open dialogue is vital for effective accommodation.
  4. Collaboration with Advocates: Partnering with disability rights organizations or consulting accessibility experts can help identify and address structural barriers within a workplace.

The Business Case for Inclusivity

Organizations that adopt inclusive practices often see substantial benefits beyond legal compliance. Numerous studies have shown that diverse teams outperform in innovation, problem-solving, and overall productivity. By creating an environment where employees feel valued and supported, companies can unlock untapped talent and strengthen their bottom line.

Looking Ahead

While the $200,000 settlement between Everport Terminal Services and the EEOC resolves the immediate allegations, it leaves behind a lasting message about the importance of inclusivity. The case serves as a reminder to employers that overlooking accommodations not only harms affected employees but also signals systemic failings that can lead to legal and reputational risks.

By prioritizing inclusivity, adhering to laws such as the ADA, and treating accommodations as both a moral and business imperative, workplaces can move closer to achieving equity for all employees.

This settlement marks a turning point—an opportunity for organizations across industries to reassess their policies and practices. Progress begins with understanding and action, ensuring that no employee is sidelined because of a disability.

If you or someone you know has experienced disability discrimination in the workplace, it’s important to take action. Consulting with an attorney with experience in employment law can provide valuable guidance on your rights and potential legal remedies. An experienced attorney can help you understand the protections afforded under the ADA and other relevant laws, assess the specifics of your situation, and advocate on your behalf to ensure justice is served. Taking this step not only supports your own rights but also contributes to fostering a more inclusive and equitable workplace for others.

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Work-From-Home Requests and ADA Compliance: Employee Guide

Telework accommodations under Americans with Disabilities Act.

ADA Compliance and Telework Requests: What Employees Need to Know

The move toward remote work has redefined expectations in the workplace, but it has also raised important legal questions for employees—especially those living with disabilities. Understanding your rights when it comes to requesting telework under the Americans with Disabilities Act (ADA) is essential. A recent disability discrimination lawsuit $22.1 million verdict in Billesdon v. Wells Fargo Securities, Inc. highlights just how significant ADA protections can be for workers. This guide will explain your rights, outline the steps to take if you need a telework accommodation, and offer resources to help you advocate for a fair and accessible workplace.

Your Rights Under the ADA

The Americans with Disabilities Act (ADA) protects employees who have disabilities and work for employers with 15 or more staff. As an employee, you are entitled to “reasonable accommodations”—changes in your work environment or schedule that help you perform essential job functions or access workplace benefits.

Reasonable accommodations may include flexible scheduling, assistive technology, or—more commonly than ever—permission to work remotely. Employers are required to provide these as long as doing so doesn’t cause them significant hardship.

Telework as a Reasonable Accommodation

Remote work is now a recognized accommodation under the ADA. For many with disabilities, it means better access, flexibility, and a fair chance to contribute. However, not every role can be done from home. Your employer is obligated to treat telework requests seriously and make individualized decisions:

  • Equal Access, Not Guarantees: While employers don’t have to offer telework to everyone, if remote work is an option in your workplace, you have the right to request it as an accommodation.
  • Case-by-Case Decisions: Your job duties will be examined to see if remote work is possible. For example, computer-based positions may be suitable, while jobs needing your physical presence, such as in-person services or hands-on work, may not.
  • Legal Example: The Wells Fargo case serves as a powerful warning. In that instance, failing to even consider a legitimate telework request resulted in a multi-million-dollar judgment.

The Interactive Process: What to Expect

When you request a workplace accommodation, federal law requires your employer to start what’s called an interactive process—a back-and-forth discussion designed to find a workable solution. Here’s what you should know:

  1. Making the Request
    You don’t need legal jargon. Simply let your manager or HR know that a health condition affects your work and ask for changes—such as telework—that might help.
  2. Collaborating on Solutions
    You’ll discuss which parts of your job are essential and whether they can be performed remotely. If remote work isn’t possible, your employer must explore other solutions, like ergonomic equipment or adjusting your schedule.
  3. Assessing Feasibility
    Your employer must look at whether allowing you to work from home will cause significant problems for the business, such as:

    • Can you be effectively supervised while remote?
    • Will you have the equipment needed?
    • Is in-person collaboration essential to your tasks?

All of these questions should be part of an open, documented conversation aimed at finding the best solution.

Questions That May Come Up

During the process, you may be asked questions including:

  • Does your job require equipment or resources that are only available in the office?
  • How often is in-person teamwork required?
  • Can your work quality and output stay the same while remote?

Documented, thoughtful answers help protect your rights if a disagreement occurs.

What Recent Court Rulings Mean for You

The Billesdon v. Wells Fargo Securities, Inc. decision is a clear signal to both employees and employers: denying or ignoring a reasonable accommodation request can have serious consequences. In that case, failure to properly discuss and consider a telework arrangement led to a $22 million verdict. For employees, this means you have powerful legal backing when your requests are handled improperly.

Best Practices When Requesting Accommodations

To improve your chances of a successful accommodation process, consider the following steps:

  1. Begin the Conversation Early

As soon as you realize you may need telework or another accommodation, reach out to HR or your supervisor with a clear, honest explanation.

  1. Keep Records

Document your requests and all related conversations. This paperwork can support your case if you face pushback or delays.

  1. Be Specific About Your Needs

Clearly explain how telework or another adjustment will help you with your job duties.

  1. Ask About Alternatives

If your first choice isn’t possible, work with your employer on other options that might suit your needs.

  1. Stay Engaged

Circumstances change—review any accommodations regularly to make sure they are still effective and appropriate.

Resources and Support for Employees

Navigating ADA accommodations can be complicated. You have access to several resources for guidance:

  • Equal Employment Opportunity Commission (EEOC) offers clear explanations of employee rights under the ADA. For direct help, call (202) 921-2539 or visit eeoc.gov.
  • Job Accommodation Network (JAN) gives confidential, free advice on seeking workplace accommodations. Contact 1-800-526-7234 or visit askjan.org.
  • Helmer Friedman LLP an employment lawyer focused on ADA issues can help you understand your legal standing and options to help resolve barriers. Contact 1-310-396-7714 or visit www.HelmerFriedman.com.

Building a Fair and Inclusive Workplace

Standing up for your rights under the ADA does more than protect your job—it helps create a culture of inclusion for everyone. When employees and employers work together to address accommodation requests, the results can include:

  • Improved morale and retention,
  • A safer, more accessible workplace,
  • Fewer conflicts and costly legal battles,
  • And a stronger commitment to fairness and respect.

Knowledge is power. Understanding your rights—and acting on them—can drive meaningful change in your workplace.

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Students File Disability Discrimination Lawsuit Against UCLA

Reasonable accommodations required by ADA, Disability discrimination lawyers Los Angeles, Helmer Friedman LLP.

In a significant development concerning accessible education, two students have filed a disability discrimination lawsuit against UCLA and the University of California Board of Regents. Jake Bertellotti, a third-year applied mathematics student, and Taylor Carty, a graduate public health student, are challenging what they allege to be UCLA’s failure to adequately support students with disabilities. This lawsuit highlights the dangers posed by insufficient emergency preparedness for disabled students, raising important questions about UCLA’s commitment to providing an inclusive and safe environment for all its students.

The lawsuit claims that UCLA has not sufficiently addressed the concerns of students with disabilities regarding emergency evacuation protocols, accessible housing, and academic facilities. The plaintiffs argue that this negligence violates the Americans with Disabilities Act (ADA) and federal and state antidiscrimination and housing laws, placing students with disabilities at risk during emergencies.

One of the major concerns outlined in the lawsuit is UCLA’s inadequate emergency preparedness for students with disabilities. The plaintiffs allege that the university lacks proper evacuation plans, does not provide evacuation chairs in residential buildings, and has not properly trained staff on their use. Bertellotti’s situation became so critical that he left campus during the Los Angeles County fires in January, potentially jeopardizing his academic responsibilities due to fears of inadequate evacuation measures.

The lawsuit also points to issues regarding the accessibility of academic facilities, emphasizing the lack of accessible entrances and the obstacles that students face on pathways. Furthermore, there are significant gaps in transportation accessibility through BruinAccess, as students requiring specialized transit must reserve rides 24 hours in advance, a requirement the plaintiffs argue violates the ADA.

The plaintiffs are advocating for concrete changes at UCLA. They call for the hiring of an emergency planning expert focusing on the needs of people with disabilities and a thorough evaluation of the university’s compliance with ADA standards. They also emphasize the necessity for improved staffing at the Center for Accessible Education, better tracking of disability accommodations, and expanded transit options.

This case has implications beyond UCLA, challenging universities nationwide to acknowledge the importance of emergency preparedness and accessibility for all students. As UCLA prepares to host Paralympians during the 2028 Olympics, this lawsuit serves as a wake-up call for the institution. It represents an opportunity for UCLA to set a national standard by demonstrating a genuine commitment to disability rights rather than merely claiming it.

Currently, UCLA has a staff-to-student ratio of 1 to 1,281, which is significantly lower than the national average of 1 to 133, as highlighted in the complaint. The university’s response to this lawsuit will be crucial in ensuring that disabled students, faculty, and campus visitors receive the respect and support they deserve, urging UCLA to take a proactive role in fostering a truly inclusive educational environment.

The Americans with Disabilities Act (ADA) plays a vital role in guaranteeing equal access and opportunities for individuals with disabilities across public spaces, schools, and workplaces. When establishments neglect to address unsafe or non-compliant conditions, they not only jeopardize the well-being of people with disabilities but also undermine the principles of equity and inclusion. Raising these concerns with the responsible parties is an important first step. However, if your concerns are ignored or inadequately addressed, consulting an experienced ADA attorney becomes essential. These legal professionals can advocate for accountability and push for the necessary changes to uphold accessibility and justice for all. Contact us for a free consultation and take the first step toward justice. Together, we can hold negligent organizations accountable and advance the mission of true inclusivity.