Lawsuits & Settlements
Recent Settlement Agreements Reached
- U.S. Department of Justice v. Fox Point at Redstone Association
The U.S. Department of Justice settled a lawsuit against a condominium association and its management company for violating the Fair Housing Act (FHA) for refusing to grant a resident's request for reasonable accommodation. The resident is a Veteran who had asked to keep a dog in the condominium to help him cope with depression and anxiety. He was charged pet fees and given multiple fines. Under the FHA, it is illegal to discriminate in housing based on race, color, religion, national origin, sex, disability and familial status.
For more information on this settlement, visit the Justice Department'swebiste.
- U.S. Department of Justice v. Commonwealth of Virginia
The U.S. Department of Justice (DOJ) announced a comprehensive settlement with the Commonwealth of Virginia on implementation of Olmstead. Olmstead is the 1999 decision by the U.S. Supreme Court that requires state and local governments, under Title II of the ADA, to offer community living options instead of institutionalization to persons with disabilities.
For more information on this settlement, visit the Whitehousewebiste.
- EEOC v. UPS Supply Chain Solutions
UPS Supply Chain Solutions (UPS SCS) will pay $95,000 to settle a longstanding disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that UPS SCS, a business unit of the United Parcel Service, the world’s largest package delivery company, unlawfully denied a reasonable accommodation to a deaf employee. The court decision requires UPS to:
- Designate an ADA Coordinator to review and revise policies with respect to reasonable accommodations;
- Ensure that deaf or hard-of-hearing employees understand their right to receive effective accommodations and do receive them;
- Engage in the interactive process with employees who request accommodations, including face-to-face meetings to discuss potential accommodations;
- Provide prompt and thorough investigation of complaints of disability discrimination and/or retaliation;
- Conduct live sensitivity training on how to accommodate deaf and hard-of-hearing individuals for all supervisors and managers, with enhanced training for those in the human resources and occupational health departments;
- Create and maintain an accommodation log to track the handling of accommodation requests; and
- Post a notice of the consent decree at each facility.
For more information, visit:
http://www.eeoc.gov/eeoc/newsroom/release/12-14-11a.cfm
- EEOC v. Journal Disposition
The U.S. Equal Employment Opportunity Commission (EEOC) reached a settlement with Journal Disposition. The company had fired a long-time employee who had cancer, after denying his request for accommodations under the Americans with Disabilities Act (ADA) during his chemotherapy treatments.
For more information, visit:
http://eeoc.gov/eeoc/newsroom/release/11-17-11a.cfm
- EEOC vs. Comfort Suites
Comfort Suites settles with EEOC for disability discrimination against a desk clerk with autism. The U.S. Equal Employment Opportunity Commission (EEOC) settled the case, in which a front desk clerk had worked in a similar position at another hotel and received a positive recommendation. Shortly after starting at Comfort Suites in San Diego, he sought free job coach services from the State of California. But the hotel refused to allow the assistance of a job coach and then fired him.
For more information, visit:
http://eeoc.gov/eeoc/newsroom/release/11-7-11a.cfm
- Goldkorn v. County of San Bernadino
A settlement agreement to give persons with disabilities better access to San Bernardino County, California courts, applies to more than a dozen courthouses, and addresses parking, paths of travel, courtrooms, bathrooms and other areas that are inaccessible to people with mobility or manual dexterity disabilities.
For more information, visit:
http://www.sb-court.org/LinkClick.aspx?fileticket=GWSWw1YGbEE%3d&tabid=40&mid=395
- Transportation Security Administration
TSA denied employment to an applicant for a transportation security officer position based on HIV-positive status. The American Civil Liberties Union reached a settlement with the Transportation Security Administration (TSA), after the TSA denied employment to a veteran who disclosed his HIV status during the application process.
For more information, visit:
http://chicago.gopride.com/news/article.cfm/articleid/23399584/aclu-settles-with-tsa-for-hiv-discrimination
- U.S. Department of Justice vs. Fremantle Productions and CBS Broadcasting
The U.S. Department of Justice entered into a settlement agreement with Fremantle Productions and CBS Broadcasting regarding the Price Is Right game show. The settlement agreement requires the Price Is Right to provide wheelchair seating with unobstructed lines of sight, and increase the number of contestants with disabilities, in compliance with the requirements of Title III of the Americans with Disabilities Act (ADA).
For more information, visit:
http://www.ada.gov/price-is-right.htm
- U.S. Department of Justice vs. Puerto Rico Department of Justice
The U.S. Department of Justice settled a lawsuit with the Puerto Rico Department of Justice (PRDOJ) to protect the rights of employees with disabilities under the Americans with Disabilities Act (ADA). The settlement resolves a complaint that the PRDOJ discriminated against an employee with a disability by failing to provide her with a reasonable accommodation, as required by the ADA.
To learn more, visit:
http://www.ada.gov/puerto_rico_doj.htm
- U.S. Department of Justice vs. Wells Fargo & Company
Wells Fargo & Company entered into a comprehensive settlement agreement with the U.S. Department of Justice to ensure equal access for individuals with disabilities to Wells Fargo's services nationwide, including its nearly 10,000 retail banking, brokerage, and mortgage stores, over 12,000 ATMs, and its telephone and website services. The agreement resolves numerous ADA complaints on a variety of issues, including effective communication and accessibility.
To learn more, visit:
http://www.ada.gov/newsltr0711.htm
- The Law School Admission Council vs. National Federation of the Blind
The Law School Admission Council (LSAC), National Federation of the Blind (NFB), and the U.S. Department of Justice entered into a settlement agreement resolving a lawsuit filed by NFB against LSAC alleging that LSAC's website (www.lsac.org) is inaccessible to individuals who use screen reader technology, preventing them from using it to apply to law schools, register for the Law School Admissions Test, and perform numerous other functions available to potential law students through the website. The agreement outlines the steps LSAC will take to ensure that the website will be fully accessible to individuals who use screen readers by the beginning of the Fall 2012 application cycle.
To learn more, visit:
http://www.ada.gov/newsltr0711.htm
Recent Charges and Lawsuits Filed
- Samper v. Providence St. Vincent Medical Center
The Ninth Circuit Court of Appeals held recently that on-site regular attendance by a neonatal nurse was an essential job function. Samper v. Providence St. Vincent Medical Center, No 10-35811 (9th Cir. 2012).
For more information on this lawsuit, can be found in this http://www.ca9.uscourts.gov/datastore/opinions/2012/04/11/10-35811.pdf
- EEOC v. Wendy's
The EEOC alleges that Wendy’s denied employment to a hearing impaired applicant. The U.S. Equal Employment Opportunity Commission (EEOC) filed suit against CTW L.L.C., a Wendy's franchisee, for denying employment to Michael Harrison, a hearing-impaired job applicant, because he has a disability. Harrison had worked at another fast food restaurant before, but was not hired at Wendy's because the general manager believed he could not communicate with him.
- Pierre v. Starbucks
A California man who was born with a partial left arm sued Starbucks for employment discrimination under the ADA. Eli Pierre applied for a barista position with a Starbucks store in San Diego, California. He alleges that his application was denied, despite a successful work history, because of his disability, in violation of Title I of the Americans with Disabilities Act (ADA). Pierre further alleges that Starbucks never discussed any possible reasonable accommodations that would have allowed him to do the job.
For more information on this lawsuit, can be found in this ABC news article.
- Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC
The U.S. Supreme Court ruled that the ministerial exception barred Americans with Disabilities Act (ADA) employment discrimination claims by a parochial school teacher. The teacher, Cheryl Perich, was herself an ordained minister, and performed ministerial functions as part of her job. The ministerial exception is based on the First Amendment's guarantee of religious freedom, and states that religious organizations are not subject to employment-related non-discrimination laws. Because this case was so specific on its facts, however, future lower court decisions could find that employees of religious entities, like religious schools, are not covered by the ministerial exception, and therefore are not barred from bringing ADA or other employment discrimination claims.
To read the U.S. Supreme Court opinion, click here. http://www.supremecourt.gov/opinions/11pdf/10-553.pdf
- Stern v. Sony Corporation
In a case against Sony Corporation by an individual with a visual impairment, the 9th Circuit Court of Appeals ruled that a video game is not a "facility" covered by Title III of the ADA. The court found the plaintiff had failed to allege a sufficient connection under the Americans with Disabilities Act (ADA) between Sony's video games and a facility owned, leased, or operated by Sony.
To learn more, visit:
http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FCO%2020111122223.xml&docbase=CSLWAR3-2007-CURR
- Griffin v. United Parcel Service
The U.S. Department of Housing and Urban Development (HUD) charges housing providers with discrimination for evicting tenants over visitor's support dog.
HUD announced that it is charging the owner and landlord of an apartment building in Reno, Nevada, with violating the Fair Housing Act for evicting two tenants after a friend with a disability visited the tenants with his emotional support dog.
To learn more, visit:
http://www.ca5.uscourts.gov/opinions/pub/10/10-30854-CV0.wpd.pdf
- Enyart v. NCBE
9th Circuit Court Says National Conference of Bar Examiners Violated ADA. The Court ruled that the Americans with Disabilities Act (ADA) requires that the National Conference of Bar Examiners (NCBE) allow a blind woman to use screen-reading and screen-magnification software to take the California Bar Exam.
To learn more, visit:
http://www.courthousenews.com/2011/10/26/40957.htm
- Owner and Landlord of an Apartment Building in Reno, Nevada
The U.S. Department of Housing and Urban Development (HUD) charges housing providers with discrimination for evicting tenants over visitor's support dog.
HUD announced that it is charging the owner and landlord of an apartment building in Reno, Nevada, with violating the Fair Housing Act for evicting two tenants after a friend with a disability visited the tenants with his emotional support dog.
To learn more, visit:
http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2011/HUDNo.11-236
- ITT Tech
The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against ITT Technical Institutes in Sacramento, California. The EEOC alleges that ITT Tech violated federal law when it refused to accommodate a blind applicant during the hiring process and denied him a job.
For more information, visit:
http://www1.eeoc.gov/eeoc/newsroom/release/9-21-11d.cfm
- Merritt Restaurant and Bakery
Merritt Restaurant and Bakery in Oakland, CA violated federal law when it discriminated against an employee with a history of seizures, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. The EEOC’s suit charges that a cook and kitchen manager faced discrimination after he had a seizure while working the night shift in September 2009. The restaurant refused to allow him to leave work when he felt an oncoming seizure. Although the employee had received a clearance from doctors, Merritt delayed his reinstatement and later transferred him to the day shift, causing a decrease in work hours and pay. Finally, despite his previously unblemished work history, he was fired due to his disability and in retaliation for complaining about his treatment after the seizure, the EEOC said.
To learn more, visit:
http://www.eeoc.gov/eeoc/newsroom/release/9-8-11a.cfm
- Walgreens Drugstore
Walgreens drugstore in South San Francisco, CA violated federal law by firing a worker with diabetes instead of accommodating her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed under the Americans with Disabilities Act (ADA). According to the EEOC, a cashier at Walgreens’ South San Francisco store was on duty when she opened a $1.39 bag of chips because she was suffering from an attack of hypoglycemia (low blood sugar). Hernandez had worked for Walgreens for almost 18 years with no disciplinary record, and Walgreens knew of her diabetes. Nevertheless, Walgreens fired her after being informed that Hernandez had eaten the chips because her blood sugar was low, even though she paid for the chips when she came off cashier duty.
To learn more, visit:
http://www.eeoc.gov/eeoc/newsroom/release/9-8-11c.cfm
- The Scooter Store
The Scooter Store, a nationwide, Texas-based retailer, violated the Americans with Disabilities Act (ADA) when it refused to accommodate an employee's request for a temporary leave of absence due to a knee injury and then fired him from its store in Farmingdale, N.Y., the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. The EEOC’s lawsuit alleges that The Scooter Store 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 suit states that the employee timely informed the company he was incapacitated until further notice and that he required a leave of absence to seek treatment for his disability. However, The Scooter Store refused his request and instead fired him, purportedly for job abandonment, although he had presented medical documentation.
To learn more, visit:
http://www.eeoc.gov/eeoc/newsroom/release/9-2-11a.cfm
