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Articles Posted in Americans with Disabilities Act

In Tennessee and all across the country it is against the Americans with Disabilities Act not to hire an employee because of a disability. However, many companies and businesses still find ways around this law and discriminate against employees with disabilities by not hiring them or not making reasonable accommodations for them. If you or someone you care about has been discriminated against at the workplace due to a disability, then you should speak with a Tennessee employment ADA lawyer right away. They will work with you to make sure you get the compensation you are entitled to for the discrimination you have suffered.

In this case, the U.S. Equal Employment Opportunity Commission or EEOC filed a lawsuit against Tyson Foods Inc in May of 2010, claiming that the company failed to hire Mark White for a maintenance position because he had epilepsy. The EEOC claimed that when Tyson refused to hire White that they violated the Americans with Disabilities Act or ADA.

The lawsuit claims that White’s epilepsy was controlled by medication and had been for the last twelve years and that he had been a previous employee for Tyson two times during this period. The Tyson Company introduced a new medical assessment procedure since the last the last time they hired White and they refused to hire him again because he failed to pass a medical evaluation required for applicants with epilepsy in order to determine whether or not he could safely perform the job.

According to the lawsuit, the doctor who performed the evaluation did not examine White but relied on outdated medical research to determine that he could not safely perform the job. During this time, Tyson also employed other employees with epilepsy who were grandfathered in.

Tyson Foods Inc has agreed to pay $35,000 to settle the disability discrimination lawsuit. In addition to paying the $35,000, Tyson agreed to introduce a new assessment procedure for similar cases. This means that an applicant who is disqualified from Tyson’s employment because of the medical assessment will have the right to a second medical assessment at the applicant’s expense. An independent and third medical assessment will also be made for any applicant not hired after the second assessment. The settlement also provides injunctive relief, including training to individuals involved in the assessment procedure, as well as posting notices for employees and complying with and reporting to the EEOC.
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In Tennessee and all across the United States, employees with disabilities are supposed to be given reasonable accommodations that allow them to be able to work better according to the Americans with Disabilities Act. However, some companies fail to provide these accommodations and may even go as far as to fire an employee when they are asked to provide the accommodations for them. A recent lawsuit claims that Wal-Mart denied a twelve-year employee of its Tennessee distribution center a reasonable accommodation after he had cancer surgery which meant that he suffered weakness in his right shoulder. The lawsuit is also claiming that Wal-mart terminated him in retaliation for complaining about the company’s refusal to accommodate him.

This employee had been a successful forklift driver after his surgery. He had requested that Wal-mart not require him to cover a twenty minute break in the shipping department because it would require manual lifting. Wal-mart denied him the accommodation and discharged him. They claimed that he could not perform the essential functions of his job. The lawsuit was filed by the EEOC on the employee’s behalf after first trying to reach a pre-litigation settlement. This case was among the EEOC first lawsuits filed under the Americans with Disabilities Amendments Act of 2008 or the ADAA.

According to the settlement, Wal-mart will pay $275,000 and has to agree to an eighteen month consent decree which prevents them from further failing to provide reasonable accommodations, absent undue hardship or failing to follow proper procedures for handling requests that deal with the ADA or ADAA. This decree also requires Wal-mart to provide anti-disability discrimination training to its management staff, maintain records of any accommodation requests and furnish them to the EEOC and post a notice to employees about the lawsuit that includes the EEOC’s contact information.
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In Tennessee as well as all across the country, employees are not allowed to be discriminated against for their age, gender, disability, medical condition and even for pregnancy. If an employee faces discrimination for these reasons, it may go against their rights under the Family Medical Leave Act and the Pregnancy Discrimination Act. If you or someone you know feels like you have been discriminated against at your workplace or terminated for any of these reasons, then you should speak with a Tennessee employment and FMLA lawyer right away. They will work with you to determine your case and make sure you get the compensation you deserve by law.

According to this lawsuit, Ashley Shelton was placed on family medical leave in January when she was placed on bed rest indefinitely as a result of premature contractions during her pregnancy. At the time, she worked for Synergy Care Inc. In February Shelton was terminated from her job via an e-mail from her supervisor. Shelton then filed a lawsuit against Synergy Care Inc claiming Synergy hired another employee, Katy Shipp, in early 2011, when they learned that Shelton was pregnant.

The lawsuit also is accusing Synergy of interfering with Shelton entitlement to FMLA, violating the Pregnancy Discrimination Act and the Americans with Disabilities Act. Shelton is seeking damages for lost wages, salary, employment benefits, emotional pain and suffering, inconvenience, mental anguish, non pecuniary losses, punitive damages, interest, and attorney’s fees. A jury trial has been requested for the case.
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Tennessee employers and employers all across the country are not allowed under federal law to terminate employment on the basis of gender, age, or disability. Unfortunately, many companies and businesses find ways around this federal law or just fail to comply with it completely.

In a recent case, a convenience store has agreed to pay $115,000 in order to settle a federal lawsuit that claims the store improperly fired an HIV positive bakery clerk. The lawsuit was filed last year against Maverik, Inc by the U.S. Equal Employment Opportunity Commission. The EEOC alleged that the company violated the Americans with Disabilities Act when it terminated employment for a clerk in 2008, two weeks after discovering he was HIV positive. The EEOC stated that the company had employed the clerk for more than three years and stated he was fired “because of an alleged fear that he should not be working around food”. The EEOC also claimed that the company did not make reasonable accommodations for the clerk.

David Hancock, general counsel for Maverik stated that the company denies its violations of law and has only agreed to the settlement in order to avoid more expenses. Hancock also stated, “Maverik’s existing policies and procedures are consistent with the decree and applicable law. Maverik firmly stands behind its policies and training that strictly prohibit discrimination.”The settlement requires Maverik to not discriminate against other people on the basis of disability. It also requires the company to provide ADA training to its workers and to its supervisors.
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In this case, The Equal Employment Opportunity Commission filed a lawsuit against the Starbucks Company for allegedly denying Elsa Sallard, who has dwarfism, reasonable accommodations and firing her from one of their locations. According the EEOC and the lawsuit, during an orientation, Sallard suggested that she could use a stool so she could more easily perform some of the tasks of her job. Later that day, Sallard was fired because the Starbucks Company claimed that she would put customers and employees “in danger.” The EEOC claimed that this action by the Starbucks Company violated The Americans with Disabilities Act. The Starbucks Company agreed to pay $75,000 to Sallard and to provide ADA training to all Starbucks managers and supervisors.

It is always puzzling to me as to why an employer will choose to fire a good employee instead of complying with the ADA and providing a reasonable accommodation. Not only is it against the law to treat someone this way but it is just wrong. It is all to common that a company abandons common sense and places profits over their people. Sad.
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Tennessee workers and workers across the United States all deserve to be treated fairly and given respect. It is unlawful to discriminate or have a bias towards any worker because of their gender, race, sexual orientation or disability. However, discrimination because of these reasons and more happen to many people all across the country every day. If you or someone you love has been discriminated against due to these reasons or another reason, then you should speak with a Tennessee employment and discrimination lawyer as soon as possible. They will hear your case and help you get the compensation and respect you deserve by law.

According to the lawsuit against the Finish Line that was brought by the U.S. Equal Employment Opportunity Commission, the agency is claiming that Emma Armon asked the company to transfer her to an available customer service position in order to accommodate her physical impairment of a right shoulder injury. According to the EEOC, “Finish Line discharged her in favor of equally or less qualified individuals.” They allege that this violates the Americans with Disabilities Act.

The EEOC filed a lawsuit in U.S. District Court after first attempting to reach a prelitigation settlement. According to the lawsuit, the EEOC is seeking back pay for Armon and compensatory and punitive damages and injunctive relief. The district office regional attorney for the EEOC stated, “Treating an employee badly based on a physical impairment violates the very core of the (Americans with Disabilities Act),” The EEOC will continue to fight for the rights of disability discrimination victims.”
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Tennessee workers and many other workers all over the country expect and deserve to be treated with respect and given the same opportunities as other employees no matter what their race, gender, sexual orientation, or disability might be. However, this does not always happen. If you feel that you have been discriminated against at work because of a disability, then you should talk to a Tennessee employment lawyer as soon as possible. They will help you get the compensation you deserve for having your rights violated under the Americans with Disabilities Act.

In this case, William Pleminitas worked as a custodial worker at Port Jervis City School District was fired due to him having a perceived mental disability. This is a violation of the Americans with Disabilities Act. The jury found that School Superintendent John Xanthis and Assistant Superintendent Lorelei Case tried to come up with other reasons for the termination. Pleminitas was awarded $85,000 for emotional distress.

Pleminitas starting working for the school district in 1992, then in March 2007, his supervisor claims that Pleminitas angrily confronted him. The following day Case and Xanthis suspended Pleminitas for thirty days without pay and without hearing Pleminitas side of the story and without consulting any other witnesses. In April of 2007, the school district filed disciplinary charges against Pleminitas which were seeking that he be fired on the grounds that he suffered from anxiety, depression, and several mental disorders which the charges claimed prevented him working and made him dangerous to others. Pleminitas previously had been working for fifteen years without any problems and had received average or above average on all performance evaluations. He also had never had a major confrontation with a supervisor before.

After his thirty day suspension the school district refused to give him back his job
without the results of an arbitration which contested his termination. This was shown to cause him financial distress as well as economic hardship and anxiety. At the trial a psychiatrist claimed that he had been treating Pleminitas for a long time and he was not a danger to himself or others and had never unable to work because of any disability. The school district did not send Pleminitas for a mental evaluation as allowed by law.
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According to Equal Opportunity Employment Commission more cases have been filed for obesity discrimination, including one particular case involving Lisa Harrison who alleged that she was fired from her Pennsylvania-based nonprofit organization because of obesity. Harrison unfortunately died before her lawsuit was filed, however, her estate will be represented in the lawsuit against her employer.

The lawsuit alleges that Harrison was able to perform all the necessary functions of her job, but her employer felt that she was limited in major activities including walking. The lawsuit is claiming that this is a violation of the Americans with Disabilities Act and states that this case is based on “a classic case of disability bias, based on myths and stereotypes”.

Cases based on weight discrimination have seen an increase, however this is the first major action taken by the Equal Opportunity Employment Commission under the Americans with Disabilities Act. Most cases have relied on human rights ordinances that are in place in their states. The Equal Opportunity Employment Commission has also stepped on their enforcement efforts to focus on employments that are hired or fired based on background checks, credit checks, and criminal records.

For Tennessee residents and residents across the country the American with Disabilities Act or ADA has prohibited employers and public places to discriminate against someone based on their disability. This has allowed many people with disabilities to go many places and be an active part of their society. Unfortunately, in some areas and in some cases, this type of discrimination still does happen each and every day to people with disabilities. If you feel that you have been discriminated against due to your disability, you should contact a Tennessee ADA attorney right away to hear your case.

The Princeton Health Care system which runs a hospital and provides other health and medical care violated the ADA and other federal laws when they did not provide “reasonable” accommodations to people who needed medical leave and then fired them because of their disabilities. The U.S. Equal Employment Opportunity Commission filed a disability discrimination lawsuit against them because they stated that the Princeton Health Care system has policies that do not provide “reasonable” accommodations to qualified individuals who have a disability, fires employees who are not qualified for leave under FMLA laws if they do not return to work within one week, and refuses to permit leave for more than the twelve weeks allowed by FMLA. They also do not make exceptions for qualified people with a disability who need extra leave as an accommodation.

These actions violate the Americans with Disabilities Act which states that employers must provide “reasonable” accommodations for their employees with a disability. The EEOC has stated that several people who have requested leave as an accommodation were denied and then fired. The agency filed a disability discrimination lawsuit against them in the U.S. District Court for the district of New Jersey after trying to reach a settlement first by a conciliation process.
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