"This & That" Tuesday: Disability Discrimination

February 24, 2015

Here is the latest issue of “This & That” Tuesday. I hope you find it to be informative and useful.

Announcements

You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners or for a list of topics that I can speak on at Chambers, Clubs, Business Associations, etc. More details about the events, topics and Human Resources 4U, in general, can be found on my website.

Upcoming Events

March 9, 2015, Time Management,

Mt. Sac Community College

Information at: (909) 274-4027 or workforcetraining@mtsac.edu

March 11, Labor Law Update 2015, National Association of Women in Construction

Information at Human Resources 4U 

March 16, 2015,            Coaching to Improve Performance,

How to Build a Hiring Process

                                Human Resource Issues for Business Owners

Leave of Absence Laws in California

Mt. Sac Community College

Information at: (909) 274-4027 or workforcetraining@mtsac.edu

March 23, 2015,             How to Create and Conduct a Formal Discipline Discussion

How to Build a Salary Structure & Merit Pay System

Cal-OSHA & IIPP Basics

                                 AB 1825 Mandated Harassment Training for Supervisors

Mt. Sac Community College

Information at: (909) 274-4027 or workforcetraining@mtsac.edu

Strad Oilfield Services Pays $65,000 to Resolve Disability Discrimination

In a successful conciliation, Strad Oilfield Services, operating in Minot, N.D., will pay $65,000 in damages to resolve a disability discrimination charge filed with the EEOC. 

An investigation by the EEOC's Minneapolis Area Office revealed that Strad fired an employee shortly after it learned of his diabetes, ignoring the fact that the employee was still able to perform the job according to a fitness-for-duty test.  

Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires employers to engage in an interactive process with the employee to seek a reasonable accommodation for the disability. 

In addition to paying $65,000, the conciliation agreement requires Strad to amend its equal opportunity policy to specifically address the rights and requirements of the ADA, provide professional ADA training annually to all of its employees and report all denied requests for accommodation and future complaints of disability discrimination to the EEOC.

Direct Optical Pays $53,000 to Settle Disability Discrimination

Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other relief to settle a disability discrimination and retaliation lawsuit filed by the EEOC.

According to the EEOC's suit, Direct Optical denied an optician's request for the reasonable accommodation to bring her service dog to work because of her generalized anxiety disorder.  The dog alerted her to oncoming panic attacks, helped alleviate symptoms during a panic attack, and could also do other tasks, such as retrieve small objects, retrieve her medical bag and guide her to an exit.  The suit further alleges that after Direct Optical denied the request it began disciplining and ultimately discharged the employee because of her disability and in retaliation for her request.

The Americans with Disabilities Act of 1990 (ADA) protects employees against such alleged conduct. In particular, the ADA requires that employers provide employees with disabilities reasonable accommodation, unless the employer shows such an accommodation would cause undue hardship or be a direct threat. The ADA also protects employees from discrimination because of disability, and from retaliation for asserting rights under the act.

In the consent decree settling the suit, the company agreed to pay $53,000 in compensatory and punitive damages. In addition, Direct Optical agreed to a permanent anti-discrimination injunction; employee training; ADA policy changes; notice posting; and reporting to the EEOC for three years. The injunction, training, policy revisions and EEOC monitoring constitute targeted equitable relief that aims to prevent similar violations in the future. As detailed in its Strategic Enforcement Plan for Fiscal Years 2012-2016, the EEOC has made obtaining targeted, equitable relief one of its top priorities.

Factoids

• 57% of workers are at least somewhat likely to take jobs with lower pay but better benefits
• 89% of screened applicants are retained in the first year vs. 58% without screening

Benefits offered by employers:

• 80% medical
• 74% dental
• 67% life
• 62% vision
• 61% disability

Quote of the Blog

“You have not failed until you quit trying.”

~Gordon B. Hinckley~