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August 29, 2010

ADA Employment News
(Courtesy of the New England ADA Center)


AT&T Settles EEOC Disability Discrimination Suit (Kansas City infoZine). AT&T Services, Inc. (AT&T), a major telephone company, will pay a former employee $60,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced. The EEOC's lawsuit, Civil Action No. A09CA700SS, in U.S. District Court for the Western District of Texas in Austin, charged that AT&T violated the Americans With Disabilities Act (ADA) by failing to hire an applicant as a cable splicer technician in Austin only because of his "insulin use" for type 2 diabetes.

EEOC Sues Princeton Healthcare System for Disability Discrimination (EEOC).
Princeton HealthCare System, which operates a hospital and provides other health care services, violated federal law by failing to reasonably accommodate the needs of its employees who needed medical leave, and then firing them because of their disabilities. According to the EEOC's suit, Princeton HealthCare System enforces leave policies that do not provide reasonable accommodations to qualified individuals with a disability.

Axiom Staffing Will Pay $35,000 To Settle EEOC Disability Discrimination Suit (EEOC).
The EEOC charged that Axiom Staffing Group, Inc., and Axiom Staffing Group of Virginia, Inc., refused to place Deborah Reynolds through their Hagerstown, Md. facility because of her back impairment, even though Reynolds had years of experience performing clerical and customer service duties. The EEOC said that hiring officials made derogatory comments about her impairment, such as stating that Reynolds would be "too much of a liability because of her back."

9th Circuit: Modifying Schedule to Daylight Hours May Be Reasonable Accommodation (SHRM).
Earlier this year in a case of first impression, the 3rd U.S. Circuit Court of Appeals held that an employee may pursue her claim that her employer violated the Americans with Disabilities Act (ADA) by refusing to change her work shift after she reported commuting difficulties based on a visual impairment that made it difficult for her to drive at night. Now, in an unpublished opinion, the 9th U.S. Circuit Court of Appeals has issued a similar decision. In that case, the court reversed a decision in favor of an employer, allowing an individual's claim to go to trial on the issue of whether the company failed to accommodate the employee's visual impairment when it refused to modify her work schedule to daylight-only hours.

KobeWieland Copper sued for disability discrimination (EEOC).
The U.S. Equal Employment Opportunity Commission (EEOC) on August 17 announced it has filed a disability discrimination lawsuit against KobeWieland Copper Products LLC for failing to hire an individual because of his perceived disability at its facility in Pine Hall, N.C. KobeWieland manufactures and sells copper tubing, and employs over 500 associates between its two plants in Pine Hall, N.C., and Wheeling, Ill.
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