disability discrimination

Down Syndrome Discrimination Alleged Against Chain Retailer

January 22, 2017 | by Nassiri Law

The nation’s largest chain retailer is facing a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a former employee with Down syndrome, who had worked for the company for 15 years prior.

Of course, disability discrimination isn’t limited to those who have this diagnosis, but it is one of the more visible conditions. Most people can tell right away when someone has the condition, and it’s often used as a basis to deny employment or refuse advancement opportunities – even in cases where the individual is qualified for the essential functions of the job. In fact, employment discrimination of people with Down syndrome was common until fairly recently. Much of these discriminatory actions are based on misinformation and prejudice.

Down syndrome is a genetic chromosome 21 disorder that causes a wide range of developmental delays and disabilities. Those who have Down syndrome share a distinct facial appearance, and generally all have some level of intellectual disability and developmental delays. They may also suffer from thyroid or heart disease. But again, it is a range. Although some with Down syndrome suffer profound disabilities, others are more than capable to work and live independently. Companies that discriminate against these workers solely on the basis of their condition can face legal consequences, including a court order to pay both compensatory and punitive damages. Continue Reading ›

Disability Discrimination Case Settled for $75K by Wal-Mart

January 8, 2017 | by Nassiri Law

Retail giant Wal-Mart has agreed to pay $75,000 to settle a disability discrimination lawsuit that was filed by the U.S. Equal Employment Opportunity Commission after the company allegedly broke federal discrimination laws in its treatment of a worker who had survived cancer.

According to the EEOC, the worker was employed at a store in Illinois. After successfully undergoing treatment for cancer, she suffered some limitations that required accommodation at work. However, the retail company is accused of not extending her those accommodations and further not addressing harassment against her. In order to continue working, plaintiff needed a modified schedule and a chair. Management worked out a modified schedule fora time, but later revoked it without stating why. The store also refused to provide a chair in plaintiff’s work area, explaining she would have to be responsible for hauling the chair over from the furniture department to the area where she worked – a task that was next to impossible given her physical limitations. On top of this, plaintiff endured cruel remarks from a co-worker who went unpunished after calling her names like, “chemo brain” and, “cripple.”

This kind of alleged conduct is a clear violation of the Americans with Disabilities Act, which strictly bars discrimination against workers based on their disability. Discrimination can include the denial of a reasonable workplace accommodation to the employee. It can also mean subjecting them to a work environment that is hostile. Continue Reading ›

Disability Discrimination Lawsuit Settled by Lowe’s for $8.6M

June 12, 2016 | by Nassiri Law

National home improvement chain Lowe’s has agreed to pay nearly $9 million to settle a claim of disability discrimination alleged by regional attorneys at the EEOC’s Los Angles District Office.

The North Carolina-based chain, which owns some 1,840 stores across the country, reportedly acted unlawfully by firing workers who had been on medical leave.

According to the Equal Employment Opportunity Commission‘s news release, the company violated the Americans With Disability Act (ADA) by terminating workers who had been on lengthy medical leave. Those who were fired had absences that exceeded the company’s internal 180- or 240-day maximum allowable leave policy. Continue Reading ›

Castro-Ramirez v. Dependable Highways Express – Associational Disability Discrimination

May 11, 2016 | by Nassiri Law

A sharply divided California Court of Appeal, Second Appellate District, Division Eight, issued a decision allowing a plaintiff to proceed with his associational disability discrimination claim against his employer. This was a reversal of the trial court’s opinion in Castro-Ramirez v. Dependable Highways Express Inc., wherein a father alleged he was fired for his need to assist his disabled son.

This kind of “association” discrimination is outlined in the Americans with Disabilities Act (ADA), which bars discrimination against an employee based on their association or relationship with an individual who has a known disability. The provision in 42 U.S.C. 12112(b)(4) means a company is forbidden from taking adverse action against a worker simply for associating with or having a relationship with someone who is disabled.

Under the ADA, companies are required to give qualified workers with disabilities reasonable accommodations. However, federal courts have held in prior cases (see Tyndall, 4th Cir. 1994, Overly, 6th Cir. 2006) that this association discrimination provision doesn’t mean workers are entitled to employment modifications in order to care for a disabled spouse or child. Continue Reading ›

Employer Fired HIV-Positive Worker, Fined $125K for Disability Discrimination

April 2, 2015 | by Nassiri Law

In the 1980s, a diagnosis of HIV or AIDS was a death sentence. It was also essentially a license to discriminate, and employers did so frequently.

Although it has since become illegal to do so and the stigma surrounding the condition has waned, discrimination against HIV-positive workers continues. Some of it based in the misguided belief that the condition is associated with immoral behaviors or identities of which certain people may disapprove (i.e., drug use, sex work, homosexuality or infidelity). Other times, discrimination is perpetuated by a misunderstanding of how the disease is transmitted and who could be placed at risk.

In the U.S., taking adverse employment action against a worker because the worker is HIV-positive is a form of disability discrimination, and it’s illegal.

Disability Discrimination Proliferates Nationwide

August 28, 2013 | by Nassiri Law

It’s been nearly a quarter century since the passage of the Americans with Disabilities Act. One would think the learning curve would be over.

And yet, our Orange County workplace disability lawyers hear daily about cases in which workers with disabilities have been treated unfairly. Just in the last month, the U.S. Equal Employment Opportunity Commission has posted news of dozens of cases of discrimination based on disability across the country.

We’ve taken a sample of these to highlight, just to offer up some examples to help you recognize discrimination disability when you encounter it.