Butterball, LLC Sued by EEOC for Harassment, Firing of HIV+ Employee

 

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Butterball, LLC for violating federal law by subjecting an employee to a hostile work environment because she has Human Immunodeficiency Virus (HIV). The employee was harassed by co-workers and after letting her manager know about the harassment, she was fired. The Americans with Disabilities Act protects employees with disabilities from being harassed, fired, or from other employment decisions based on disabilities covered by the law. 

Butterball, LLC Sued by EEOC for Harassment, Firing of HIV+ Employee
disability@dol.gov (Disability.gov)
Fri, 02 Dec 2011 05:00:00 GMT

Dodge's Chicken to Pay $190,000 after Firing Employee with Seizures

 

D&H Company, Dodge Brothers, Inc., and Giant Oil Company of Arkansas, Inc., doing business as Savings Station Dodge Stores and Dodge’s Chicken Store, will pay $190,000 to settle a disability lawsuit filed by the U.S. Equal Employment Opportunity Commission. The companies denied a store leader a reasonable accommodation for her seizures. Under the Americans with Disabilities Act, employers must provide reasonable accommodations to an employee with a disability, unless it causes significant difficulty or expense for the employer.

Dodge's Chicken to Pay $190,000 after Firing Employee with Seizures
disability@dol.gov (Disability.gov)
Tue, 29 Nov 2011 05:00:00 GMT

Justice Department Signs Agreement with Upshur County, TX, to Ensure Civic Access for Persons with Disabilities

 

The U.S. Department of Justice has signed an agreement with Upshur County, TX, under Project Civic Access. This is the department’s initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act. Under the agreement, Upshur County will improve access to county programs for individuals with disabilities by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life.

Justice Department Signs Agreement with Upshur County, TX, to Ensure Civic Access for Persons with Disabilities
disability@dol.gov (Disability.gov)
Wed, 23 Nov 2011 05:00:00 GMT

Disney Web Access Case Settles Before Trial

 

A US class action against the Walt Disney Company for the alleged inaccessibility of its websites has reached an out of court settlement ahead of a trial that had been planned for January 2012, E-Access Bulletin has learned.

On 29 June, California district judge Dolly Gee gave permission for three blind women from California and Kansas to proceed with a class action alleging Disney’s are inaccessible to screen reader programs, hampering the ability of blind users to make reservations for the company’s theme parks and download electronic tickets.

The three women are represented by Andy Dogali at Florida-based law firm Forizs & Dogali, alongside Los Angeles-based attorney Eugene Feldman. Dogali has now told E-Access Bulletin the terms of a settlement have been agreed by the parties, subject to court approval as required by US law.

“We are presently documenting the settlement, so most of the precise details remain confidential, although I expect the process to require no more than another few weeks”, he said. “The supportive documents will be publicly filed in the very near future, along with the request for approval.”

The news of a pre-trial settlement may disappoint some observers, as a January trial would have raised the issue of a need for greater corporate web accessibility worldwide. Last month Samantha Fothergill, senior legal policy officer at UK blindness charity RNIB, said the fact that a company with such a high profile was being sued was bound to have an effect on corporate behaviour and lobbying campaigns elsewhere.

 

Disney Web Access Case Settles Before Trial
Dan Jellinek
Fri, 18 Nov 2011 10:00:32 GMT

Librarian Sues for Discrimination

 

Merrie Sager is suing Huntington Beach, California for firing her after 32 years on the job. The deaf woman says she was dismissed from her job as a library clerk because of discrimination. The city claims she threw a book and yelled during work and is a threat to others. Sager explains the incident by saying she was upset that she was no longer allowed to help a volunteer with a task that she had done for years. According to the lawsuit, a new library manager failed to provide an interpreter at staff meetings as a previous manager did and there was a lack of written communication.

Read More at DeafNewsToday.com

Librarian Sues for Discrimination
Deaf News Today
Thu, 17 Nov 2011 19:13:00 GMT

Journal Disposition Settles EEOC Disability Discrimination Lawsuit

 

Journal Disposition, a full-service print, manufacturing and distribution company in Michigan settled a disability discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC) for $55,000. The company fired a long-time employee who had cancer, after denying his request for accommodations during his chemotherapy treatments. Under the Americans with Disabilities Act, employers must provide reasonable accommodations to an employee with a disability, unless it causes significant difficulty or expense for the employer.

Journal Disposition Settles EEOC Disability Discrimination Lawsuit
disability@dol.gov (Disability.gov)
Fri, 18 Nov 2011 05:00:00 GMT

Injunction Entered against AutoZone Requiring Reasonable Accommodation of Disabilities

 

A federal court has ordered AutoZone, Inc. to reasonably accommodate its employees with disabilities in a disability discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC). AutoZone violated the Americans with Disabilities Act (ADA) when it failed to accommodate an employee with a disability who was required to perform cleaning tasks that violated his medical restrictions. Under the ADA, employers must provide reasonable accommodations to an employee with a disability, unless it causes significant difficulty or expense for the employer.

Injunction Entered against AutoZone Requiring Reasonable Accommodation of Disabilities
disability@dol.gov (Disability.gov)
Wed, 16 Nov 2011 05:00:00 GMT

Implant Lawsuits

 

Advanced Bionics is facing lawsuits in 4 states over its bionic ear cochlear implant: Pennsylvania, Texas Kentucky and Oklahoma. The company issued a recall for the HiRes90K a year ago after reports of malfunctions and pain by some patients. The suits say the plaintiffs had to undergo surgery again to have the units replaced after failure. They point to a potentially defective seal that might have allowed moisture into the implant. This the same issue that lead another implant maker, Cochlear Limited, to recall its Nucleus 5 two months ago. Advanced Bionics also issued a recall of another implant in 2004 and again two years later.

Read More at DeafNewsToday.com

Implant Lawsuits
Deaf News Today
Wed, 16 Nov 2011 01:58:00 GMT

Feds Sue Law Firm For Barring Service Dog

 

Federal prosecutors are taking action after they say a New York law firm prohibited a client with a disability from visiting their offices with her service dog.

Feds Sue Law Firm For Barring Service Dog
Shaun Heasley
Tue, 15 Nov 2011 17:59:09 GMT

Theater Captioning Deal Approved

 

A federal court has signed off on a deal to settle a lawsuit over captioning at Arizona's largest movie theater chain. Harkins Theatres announced the deal last month and was just waiting for court approval. Part of the deal includes Harkins giving away 1000 free passes to movie-goers who are deaf, hard of hearing or visually impaired. The company operates 25 theaters in Arizona and says the installation will be completed by next summer. Harkins has also agreed to pay the legal costs of the the Center for Disability Law ($24,000).

Read More at DeafNewsToday.com

Theater Captioning Deal Approved
Deaf News Today
Thu, 10 Nov 2011 22:45:00 GMT