Perception of Disability

Volvo Group North America, LLC will pay $70,000 and institute a three-year consent decree to resolve a federal disability discrimination suit brought by the U.S. Equal Opportunity Employment Commission (EEOC).

According to the suit, Volvo made a conditional job offer to a qualified applicant for a laborer position at its Hagerstown, Maryland facility.  The applicant,

When it filed suit earlier this year,  the EEOC issued a press release which stated:  “Once again, an employer involved in the health care field has impermissibly allowed fear and bias to enter into the hiring process. The ADA clearly prohibits covered employers, including those staffing health care positions, from refusing to hire someone based

An Illinois manufacturer of steel castings for the rail industry was just sued by the EEOC for allegedly violating the ADA.  The EEOC alleges that the company illegally asks job applicants if they “have a history of carpal tunnel syndrome and gives them a nerve conduction tests.”  Seehttp://www.eeoc.gov/eeoc/newsroom/release/11-20-14.cfm.

carpal tunnel : Carpal Tunnel Syndrome cartoon of a man with a sore wrist. Illustration

Although the EEOC press

If you were a critical care hospital would you fire a nurse with cancer who asked for an accommodation to get chemotherapy?  Even if you had meritorious grounds, would you do it, given the stark appearance of an ADA violation, as well as the horrendous publicity?

We wrote about such a case in a post

Another employer has settled a GINA class action brought by the EEOC – for $187,500.

The EEOC told a Practising Law Institute conference two years ago of a number of workplace issues which it planned to address, one of which was  targeting violations of the Genetic Information Nondiscrimination Act (“GINA”).  The law was new (2009),

Complying with the ADA in hiring (and in the workplace) means not only “treating people equally despite whatever physical challenges they may face” (as per the EEOC), but also not making assumptions or buying into biases or stereotypes about an applicant’s abilities based on a disability.

Treating someone adversely or differently based upon a “perception

Our Canadian employers may be interested that on November 3, 2014, Doug MacLeod of The MacLeod Law Firm in Toronto will be co-hosting a seminar on managing disabled employees.

seminar training : Portrait of a confident senior manager giving presentation to his colleagues at office

As he says:  “There is a perfect storm developing when it comes to managing disabled employees. The workforce is aging and some older workers can’t perform

Here we go again – another couple of heath care facilities sued by the EEOC under the ADA.   Do you think it is merely a coincidence that such a large number of the EEOC’s ADA cases are against such companies?  If so, read our many posts on the subject.

What is it about health and

The EEOC filed a lawsuit last year which alleged that a leading health care provider in Maryland violated the Americans with Disabilities Act (“ADA”), by failing to provide a reasonable accommodation and then firing a pulmonary function technologist because she suffers from Usher’s Syndrome, a genetic disorder that impairs hearing and vision.

The EEOC

An Alabama field salesperson for a provider of hospice services to the termimally ill sued her former employer under the ADA claiming that she was fired “on the basis of her disability, morbid obesity.”  The company claimed to have fired her for performance issues.

The Plaintiff

She is 5’3″ tall and at the time of