The Scooter Store Sued For Disability Discrimination
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- Published on Tuesday, 06 September 2011 23:41
he Scooter Store, a nationwide, Texas-based retailer, allegedly violated federal discrimination laws when it refused to accommodate an employee's request for a temporary leave of absence due to a knee injury and then terminated him from its store in Farmingdale, New York. More specifically, according to a lawsuit filed by the Equal Employment Opportunity Commission (EEOC), The Scooter Store allegedly failed to accommodate an employee's request for a reasonable accommodation for his disability, psoriatic arthritis, after he sustained a knee injury that required a temporary absence from work. The EEOC’s further alleges that the employee informed the company in a timely manner that he was incapacitated until further notice and that he required a leave of absence to seek treatment for his disability. However, The Scooter Store allegedly refused his request and instead terminated the employee, claiming that the employee abandoned his job, although he had presented medical documentation. According to Adela Santos, trial attorney for the EEOC, “Granting a temporary leave of absence to this employee would have posed no undue hardship on this company and would have allowed the employee to recuperate and return to work.” Elizabeth Grossman, regional attorney for the EEOC’s New York District, commented that, “Employers are obligated to engage in an interactive process with employees and provide reasonable accommodations for their disabilities. Refusing to even consider an employee's request for a reasonable accommodation is tantamount to a clear violation of the ADA.”
Court Finds No FEHA Violation Because Employer Properly Engaged in the Interactive Process
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- Published on Friday, 29 April 2011 19:15
The Department of Fair Employment and Housing ("DFEH") and Steven J. Carauddo appealed a district court's grant of summary judgment in favor of Lucent Technologies, Inc. ("Lucent"), Carauddo's former employer. Carauddo claimed that Lucent terminated him in violation of the California Fair Employment and Housing Act ("FEHA"). In addition, the DFEH challenged the district court's finding of diversity jurisdiction. Carauddo worked as a telecommunications installer for Western Electric, Lucent's predecessor. An installers duties consist mostly of physical functions such as running cable, drilling holes, setting frames and wiring cell cabinets. These activities require an installer to be able to lift and maneuver items over 30 pounds. While performing his job, Carauddo suffered a back injury and took a medical leave of absence beginning in January of 2005. In these situations, Lucent requires that a member of their medical department, usually a nurse, stay in communication with the employee throughout the disability period. Over the next few months, Lucent received varied work restrictions from Carauddo's health care provider that ranged from no bending, twisting and lifting over 10 pounds to occasionally lift or carry weights from 21 to 50 pounds. Lucent sought clarification from the medical provider and then advised Carauddo that the work restrictions could not be accommodated. Eventually, Carauddo was terminated on January 25, 2006. In March of 2006, Carauddo was cleared by his physician to return to work with no restrictions. When Lucent did not reemploy Carauddo, he filed a complaint with the DFEH. The district court held that during the disability period Lucent communicated frequently with Carruddo, that "Lucent reasonably accommodated Carruddo, and that DFEH failed to establish that Lucent's legitimate reason for terminating him was merely pretextual."...
Senator Proposes Workplace Flexibility For Working Families
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- Published on Wednesday, 06 October 2010 04:00
U.S. Senator Bob Casey has introduced the Working Families Flexibility Act which would provide workers with the right to request flexible work options in order to "allow workers to balance responsibilities at work and at home." According to Senator Casey, the legislation will encourage workers and employers to work out mutually beneficial arrangements without fear of retaliation. The bill provides employees with the "right to request" flexible work options in terms of hours, schedules and work location. The bill also requires that employers engage in an interactive process with their employees to review these requests, propose changes and even deny the request if it is not in the best interests of the business. The legislation imposes civil penalties on any employer who discriminates against an employee for exercising any right granted under this legislation....
Milan Revisited: Employee Has A Duty To Request The Interactive Process
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- Published on Wednesday, 01 September 2010 19:31
The following is an interesting blog commentary on the Milan v. City of Holtville case, which reiterated that employees have a duty to request the interactive process: "Tanya Milan (Milan) worked for the City of Holtville (the City). She filed a lawsuit against the City (Milan v. City of Holtville (2010) 186 Cal App 4th 1028) alleging that they failed to accommodate her disability in violation of the Fair Employment and Housing Act (FEHA). Milan had sustained a work-related injury to her neck, which required surgery to remove herniated discs and to fuse the vertebrae with a metal plate inserted into her neck. Milan received workers compensation benefits for this injury. Early on in her treatment, Milan was seen by a doctor for the City, who opined that Milan would not be able to return to work at the water treatment plant because her job required significant bending, twisting, and lifting. The City chose to wait and see if Milan's condition would improve before making a final determination regarding her employment."...
