If an employer evaluates an employee for a disability, or tries to accommodate a possible disability, will its actions boomerang and constitute evidence that it “regarded” the employee as disabled? The 9th Circuit says, No.
That the County was aware of Magdaleno’s PTSD diagnosis, required him to submit to a psychological evaluation, and took steps to accommodate […]
Donald Bennett, a Deputy U. S. Marshal in Fairbanks, alleged that the government discriminated against him because of his disability (diabetes), after he failed an annual blood glucose test. Because the Marshals Service had no appropriate light duty, Bennett took nine months of sick and annual leave. Bennett sued under the Rehabilitation Act, the Back […]
Association claims under the ADA: A 2005 Guidance from the EEOC addresses these questions:
1. What is the association provision of the ADA and to whom does it provide protection?
2. How close does the association or relationship with a person with a disability have to be for an individual to be protected by the association provision?
3. […]
Judge Timothy Burgess has now published his earlier decision in which he rejected claims by a resident of Chugiak Senior Center that the Center’s failure to provide services greater than “assisted care” discriminated against the resident on the basis of her alleged disabilities. The resident had pursued claims under the Alaska Assisted Living Homes Act, […]
The New York Times Magazine for Sunday the 20th carried an article entitled “Unintended Consequences: Why do well-meaning laws backfire?” by the authors of Freakonomics, Stephen Dubner and Steven Levitt. One example of such laws, they say, is the Americans with Disabilities Act, relying on the article in the Journal of Political Economy by Daron […]
Sierra Nevada Community Access Television, Inc. broadcasts film produced by members of the public (including “aspiring Wayne Campbells”). It is governed by an unpaid, volunteer Board of Directors. When the Board fired its Executive Director, he sued under the Americans with Disabilities Act and the Age Discrimination in Employment Act. The ED claimed that the […]
The Ninth Circuit this morning issued its en banc opinion in Bates v. UPS, where United Parcel Service had imposed DOT hearing standards on all drivers, including those driving trucks below the DOT weight floor (10,001 pounds). The court vacated the District Court’s injunction against UPS, and remanded for application of different legal standards, though […]
Member claims against a union: The 9th Circuit has affirmed judgment against a union under both Title VII and DFR theories.
DFR claim: The Court affirmed a trial court’s findings that a union had breached its duty by failing to file a timely grievance when the union has agreed to do so, and that such conduct substantially injured the […]
ADA and alcoholism: The 9th Circuit has affirmed summary judgment for an employer that fired an employee who failed an alcohol test during work hours. The employee claimed discrimination based on his disability of alcoholism.
The Court stated:
The evidence shows that Sierra terminated Daft for his misconduct, failing an alcohol test during work hours in violation […]
Judge Burgess: the Employee’s Intangible Losses are not Irreparable
Barbara Flory works at Wal-Mart in Anchorage as a greeter. Because of pain, she requested accommodations, but Wal-Mart denied them. She then filed disability discrimination charges against Wal-Mart, and shortly thereafter a Complaint in federal court.
Flory filed her charges with the Anchorage Equal Rights Commission and the EEOC. Neither agency has […]
Court of Appeals Affirms Judge Sedwick; Result may Differ under Alaska Law
The City of Mesa, Arizona, required Christine Nilsson, an applicant for a police position, to waive any claims arising out of the City’s pending investigation of her background. After she complied, the investigation proceeded and revealed an EEOC dispute with a previous employer, workers comp claims, […]
In EEOC v. Convergys Customer Management Group, Inc., the Eighth Circuit Court of Appeals denied the employer’s motion for judgment as a matter of law, after a jury awarded a disabled employee back wages and other compensatory damages of approximately $115,000. The employee was fired for being late too many times, due to the fact […]
George Miller (D-Cal) has introduced HR 2831, which would amend Title VII, the ADEA, the ADA, and the 1973 Rehabilitation Act to specify that unequal pay claims accrue with each paycheck. If enacted, the bill would be retroactive to May 28, 2007, the day before the Supreme Court issued Ledbetter v. Goodyear.
On Wednesday, May 23rd, the EEOC issued a
Guidance on discrimination against caregivers under Title VII, the ADA, and the FMLA. The agency summarizes:
Although the federal EEO laws do not prohibit discrimination against caregivers per se, there are circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The purpose of this document is to assist […]
One of the factors in assessing the “reprehensibility” of a tortfeasor’s conduct, when setting punitive damages, is whether the conduct was intentionally malicious or a mere accident. In addressing this factor, the 9th Circuit, in In re The Exxon Valdez, 2007 WL 1490455 *22 (9th Cir. May 23, 2007), responded to Exxon’s ADA defense as […]
