California Employment Lawyers Blog

Our employment and labor attorneys at HOWARD | NASSIRI, PC have been following the recent announcement of a lawsuit settlement, in which the California-based Akeena Solar Company will pay a former employee $30,000 to settle her disability discrimination lawsuit.

According to the suit, brought by the U.S. Equal Employment Opportunity Commission (EEOC), Gladys Tellez was hired as a payroll and accounts technician in November of 2006. Tellez is a 44-year old Latina employee, who has a left arm that is paralyzed, and was reportedly fired within a few hours of her first day on the job after her supervisor discovered the disability. The EEOC supported Tellez and her case, after determining that she was perfectly capable and qualified of performing her necessary job description, despite having a disability.

Akeena Solar will pay Tellez $30,000 in monetary damages, according to the consent decree, as well as commit to posting a notice detailing the company's compliance to the ADA, hold annual training to prevent disability discrimination, and report any disability discrimination complaints that surface in the next three years.

The EEOC stated that this resolution will hopefully encourage employers to give future disabled workers a chance to prove their own value and abilities in the workplace--whereas Tellez wasn't even given a full day to prove her value as an employee.

Continue reading "California Solar Power Company Settles in Disability Discrimination Lawsuit" »

In a recent blog, our Anaheim-based Employment Attorneys discussed a class action disability discrimination lawsuit settlement announced last year between Sears, Roebuck and the U.S. Equal Employment Opportunity Commission (EEOC). In September 2009, Sears agreed to a $6.2 million settlement under the Americans With Disabilities Act (ADA) for allegedly maintaining a policy for workmans compensation leave that was inflexible, and involved the termination of employees without providing them reasonable accommodations for their disabilities. This case was the largest single lawsuit settlement in EEOC history under the ADA.

Last week, the EEOC announced the court approval of the distribution of a $6,200,000 compensation fund, that is being carried out according to the terms of the consent decree approved last year.

Under the consent decree terms, many employees who were terminated under the company's inflexible workers' leave policy were given claim forms to report back to the EEOC the extent of their disabilities, their professional ability to come back to work for Sears, and whether there has been any effort by Sears to facilitate their return to work. The result of the claim forms found 235 individual workers were qualified to be awarded in the settlement, with over twenty workers who did not qualify. The entire settlement fund will be distributed to the Sears employees--the EEOC will not retain any of the amount.

The EEOC reports that as a result of this longstanding disability discrimination lawsuit, originally filed in November 2004, there has been a positive effect from the consent decree. The EEOC believes that Sears has improved the process of taking a workers' compensation leave, and has lawfully posted employee notices covering the consent decree--ultimately benefiting the Sears employees and creating a stronger human resource process for employees.

Continue reading "Sears, Roebuck Disability Settlement is Distributed--Court Approves $6.2 Million in Damages to Employees" »

In a report released today by the U.S. Equal Employment Opportunity Commission (EEOC), that our California Labor and Employment Lawyers have been following, during the Fiscal Year (FY) 2009, 93,277 charges of workplace discrimination throughout the nation were registered with the EEOC, with monetary relief obtained for the victims that totaled over $376 million. This is the second highest level of discrimination charges ever filed with the commission.

According to the EEOC data, equal employment opportunity still seems unreachable for many workers, and the EEOC stresses that employers must work harder to create employment environments that are free from discrimination--to also avoid being sued by the Commission.

The data from FY 2009 show that job discrimination charges in the private sector, including complaints against local and state governments, allege that workplace bias based on religion, national origin, and disability peaked at all time record highs. Discrimination based on age reached the second-highest level of complaints ever, and the most commonly filed charges alleged race discrimination, retaliation, and discrimination based on gender. The Commission also resolved more charges than ever under Title VII of the Civil Rights Act of 1964, as well as allegations of unlawful harassment.

The total discrimination filings are reported to be possibly due to many factors--increased diversity and shift in demographics in the workforce, greater public access to the Commission, economic conditions, and worker awareness of employment rights. The EEOC has also cut down the steps needed for an individual employee to file a charge.

Continue reading "Discrimination in the Workplace Sets New Record High in 2009" »

Our Anaheim-based Employment and Labor Lawyers have been following the settlement announced today by the U.S. Equal Opportunity Employment Commission (EEOC)--where Economy Finance, a personal loan company, will pay a former loan clerk $65,000 to settle a disability discrimination lawsuit.

According to the suit, a loan clerk for the company was refused the option of returning to work until she submitted to a medical exam that would detect viruses. The company insisted that the employee undergo virus testing, after they discovered that her husband had a medical condition related to Hepatitis C.

The EEOC, representing the case, protested that this medical exam was not related to her employment, and that her husband's disability did not affect the clerk's job performance or her ability to do her job effectively and safely. The EEOC alleged that Economy Finance discharged the employee because she refused to participate in the medical exam--and accused her of being disabled by association, because of her relationship with her husband.

According to the Americans with Disabilities Act (ADA) it is illegal to fire or discharge an employee who is considered to be disabled through association with someone who is disabled or believed to have a disability. Employee medical exams must be job-related, in direct correlation to as the EEOC claims "objective medical evidence" and workers should be judged on performance and abilities, rather than stereotypes and unfounded fear through association.

Continue reading "Former Loan Company Clerk Wins $65,000 Settlement in Disability Bias Suit" »

In a previous blog from October, our California Labor and Employment Lawyers discussed the Obama administration's initiative to create equal employment federal job opportunities for individuals with disabilities --opportunities that welcome the special abilities of all qualified employees and help them to grow to their fullest employment potential.

Obama proclaimed October, National Disability Employment Awareness Month, and called upon the Federal Government, the nation's largest employer, to set a positive example and implement new employment practices and policies to increase opportunities for disabled workers.

In advancing Obama's campaign to increase the federal hiring of disabled employees, The U.S. Equal Employment Opportunity Commission, (EEOC) has released a new set of guidelines to promote individuals with disabilities--made specifically for each participant in the federal hiring process in a clear, simple and straightforward way.

The EEOC-issued guides are called the five "ABCs of Schedule A" guides, and are made for applicants with disabilities, hiring managers, human resources professionals, service providers, disability program managers and selective placement coordinators. According to Christine M. Griffin, Acting Vice Chair for EEOC, agencies have to work harder to encourage the participation of individuals with severe disabilities in the federal workplace, as the participation rates are rapidly declining.

Continue reading "Guides to Promote Federal Hiring of Workers with Disabilities" »

In recent employment and labor news, our Anaheim Employment Attorneys have been following The U.S. Equal Employment Opportunity Commission's (EEOC) announcement of the $142,000 disability discrimination lawsuit settlement between Hudson Valley Hospital Center, and Gorianne Romano, a nurse with diabetes.

The lawsuit accused the hospital of discriminating against Romano based on her disability--Type I "brittle" diabetes, after Romano reportedly experienced a diabetic coma from her condition, and was treated there.

According to the EEOC, Romano's doctor requested that she needed a consistent schedule to help her gain control over her diabetes. As a part-time employee health nurse, Romano requested to work three days in a row, as opposed to alternating days. The hospital failed to grant Romano a reasonable accommodation for a flexible schedule, stating that it unduly disrupted the hospital's business operations. The EEOC charged that the hospital was endangering Romano's health--and effectively terminating her employment--by failing to accommodate her modified work request.

By failing to grant a reasonable accommodation, and terminating Romano's employment, the hospital violated Title I of the Americans with Disabilities Act of 1990 (ADA)--which prohibits discrimination against qualified individuals based on disabilities in the workplace. The EEOC claimed that if the hospital had fulfilled its legal obligation to find a reasonable accommodation for Romano's diabetes, this lawsuit could have been avoided.

Continue reading "Community Hospital to Pay $142,000 in Disability Discrimination Lawsuit Settlement" »

In a post from last week, our Anaheim, California Employment Attorneys discussed the recent passing of The Genetic Information Nondiscrimination Act of 2008 (GINA)--the new law banning discrimination based on genetic information in the workplace, and the use of genetic information with health insurance.

Genetic information is defined as the information about an individual's genetic testing as well as the genetic testing and medical history of an individual's family. Information involving the disease, condition, or disorder of an individual's family members is considered genetic information because it is used to determine the likelihood of whether someone has an increased risk of developing a potential health problem in the future.

Title I of GINA addresses the use of genetic information with health insurers and group plans--where a person's genetic makeup cannot be used against them for the basis of denying coverage and setting insurance rate premiums or deductibles based on genetic information. The Departments of Labor, Health and Human Services and the Treasury are responsible for issuing all regulations for Title I.

Under Title II of GINA, it is illegal for employers to discriminate based on genetic information with any aspect of employment, from hiring, paying, promoting, layoffs or firing. Genetic testing is not allowed by employers, and employees cannot be forced to reveal the medical histories of their family--as genetic information does not inform an employer about an employee's work abilities. Title II of GINA bans the use of genetic information to make decisions based on employment, and limits the employer's accessibility and disclosure of an individual's genetic information.

Continue reading "EEOC enforces GINA--Workplace Discrimination Based on Genetic Information is Illegal" »

In this week's California employment and labor news, a former employee of the California Employment Development Department (EDD), Audrey Renee Bell, pleaded guilty of mail fraud by certifying false disability claims for friends and defrauding the state--an amount that totaled more than $110,000.

According to United States Attorney Benjamin B. Wagner, Bell entered the guilty plea on Monday after a trial that lasted two weeks. The guilty plea was entered before a Sacramento federal court judge--to ten counts of mail fraud violation.

Bell, 49, was employed as a disability insurance program representative (DIPR) in the Van Nuys, California office of the EDD. As a California state agency, the EDD pays disability insurance benefits to disabled California workers. Bell was in charge of reviewing and authorizing payments on disability claims.

The Fresno Bee reported that from mid-2003 until 2006, Bell approved false disability claims in Los Angeles County to friends, and entered false information into the EDD computer system-- defrauding the EDD of more than $110,000.

According to the state investigation, phone calls made to the EDD fraud hotline reported that an EDD employment agent had unlawfully given disability insurance benefits to friends who had full time jobs. These calls were traced back to Bell.

Continue reading "California Female Worker Pleads Guilty to Defrauding State in Disability Claims" »

The Equal Employment Opportunity Commission (EEOC) announced last week that the commission with be playing an important role in President Obama's goal to advance equal employment opportunities for disabled workers.

Our California Labor and Employment Lawyers have been reading about the Obama administration's plan to create town hall meetings with the EEOC in four national cities, including San Francisco, California. The EEOC will help create federal regulation and hiring procedure workshops in order to give individuals with disabilities equal employment opportunities for federal jobs--opportunities that welcome the special skills, abilities, and talents of all qualified employees.

On September 30, President Obama officially proclaimed October the National Disability Employment Awareness Month, 2009. Obama's administration makes great efforts to promote change for every American, and this special disability awareness month honors the 54 million disabled people living across the country who deserve to have fair access to employment. President Obama proposed that during National Disability Employment Awareness Month, we should make a new commitment to ourselves to implement "effective policies and practices that increase employment opportunities for individuals with disabilities."

As the nation's largest employer, Obama called upon the Federal Government to set a positive example by implementing employment practices and policies that are effective in increasing opportunities for disabled workers--by helping them to grow to their fullest potential, with their own distinctive skills and qualifications.

The EEOC will also work closely with the Department of Justice (DOJ) to produce four meetings, in San Francisco, Philadelphia, Chicago and New Orleans, to discuss information and collect thoughts and comments about regulations regarding the Americans with Disabilities Act (ADA). Each meeting will hold two sessions--one for advocates on disability and one for employers.

Continue reading "Obama Champions Disability Rights--EEOC to Hold Town-Hall Meetings in California" »

The U.S. Equal Employment Opportunity Commission (EEOC) announced this week the approval of a consent decree by Federal District Judge Wayne Andersen, resolving the $6.2 million lawsuit against Sears, Roebuck and Co. under the Americans With Disabilities Act (ADA)--the largest ADA single lawsuit settlement amount in EEOC history.

As Orange County, California, Employment Lawyers, we have been following this case--and the EEOC's fight to uphold the American's With Disabilities Act, protecting employees from disability discrimination in the workplace.

According to the EEOC's press release, the class action lawsuit was filed in 2004, accusing Sears of providing an inflexible worker's compensation leave exhaustion policy, as well as terminating employees without attempting first to provide reasonable accommodations for their disabilities.

John Rowe, Chicago District Director for the EEOC, claimed that this class action lawsuit stemmed from a discrimination charge filed by John Bava, a former technician at Sears. Bava sustained an injury while working at an Illinois- based Sears, and took a worker's compensation leave of absence. Although still injured from the job, Bava tried to return back to work repeatedly. Instead of giving Bava a possibility for returning to work with his disability, Sears terminating his job when his worker's compensation leave expired.

John Hendrickson, Regional Attorney of Chicago District's EEOC Office, stated in the EEOC press release that prior to the trial, hundreds of employees in similar circumstances were discovered--workers who had also taken leave for disability, and were fired by Sears--not reasonably accommodated as required by ADA law. Many of these employees only discovered that they had been fired, after their discount cards were rejected while shopping at local Sears retail stores.

Along with the $6.2 million settlement, the consent decree includes an injunction against violating the ADA, as well as retaliation. Sears will also be required to change its workers compensation leave policy, provide the EEOC with written reports detailing workers compensation practices as well as ADA employer compliance, make the decree visible at Sears locations, and train all employees on ADA law.

Stuart Ishimaru, the EEOC's acting chairman stated that this case proves that after nearly twenty years of the ADA enactment, the rights of individuals with disabilities in the workplace are still compromised. He also claimed that this record-setting settlement sends a strong message that the EEOC will protect workers' rights and advance equal employment opportunities for disabled individuals.

Sears, Roebuck to Pay $6.2 Million for Disability Bias, EEOC Press Release, September 29, 2009

EEOC Reaches $6.2M Disability Settlement with Sears, Business Insurance.com, September 29, 2009

Sears Roebuck Agrees to Record $6.2M ADA Settlement with EEOC, ADA Journal.com, September 29, 2009

Related Web Resources:

EEOC

Americans With Disabilities Act of 1990, As Amended (ADA)

Continue reading "Sears, Roebuck Settles in Record $6.2 Million Disability Discrimination Lawsuit with EEOC" »

The federal government is suing Ventura County, California, for employment disability discrimination--after the county rejected a qualified job candidate because she was deaf.

The lawsuit, filed by the Justice Department in Los Angeles Federal Court last week claims that Ventura County violated the Americans with Disabilities Act (ADA). The suit claims that after an initial investigation by the Equal Employment Opportunity Commission (EEOC), the county acknowledged that the deaf woman was not hired because of her disability.

In 2005, Lee Ann Unchangco applied for a position to work for children's social services with Ventura County after working in a similar position in Los Angeles County successfully for over eight years. In her first interview, Unchangco was given high ratings after being asked questions that were job-related and standardized. Her second interview, conducted by different country interviewers, focused on her disability--mainly how often she needs to use an interpreter, and whether this interpreter would interfere with her ability to provide social services to children. Unchangco responded that with the help of hearing aids, a reasonable accommodation, she would be able to perform well in the job. She was not hired.

The Justice Department claims that Unchangco was not hired after the second interview because she was deaf. Unchangco contacted the EEOC and filed a discrimination complaint. The EEOC tried to resolve the charge, but was unsuccessful, referring the case to the Justice Department in 2006.

The Justice Department is seeking an unspecified monetary resolution for Unchangco, as well as the position she interviewed for in 2005, along with back pay with interest, pension and health benefits, and other measures. The suit also asks for the court to ensure that Ventura County is unable to discriminate against qualified deaf applicants in the future, and to make sure that the county provides reasonable accommodations, unless these accommodations would impose undue hardship.

According to Loretta King, Acting Assistant Attorney General for the Justice Department's Civil Rights Division, the ADA was created to protect disabled individuals from this very kind of discrimination--to prevent employers from hiring on the basis of stereotypes and and possible cost involved in providing accommodations for an employee with a disability.

Title I of the Americans With Disabilities Act of 1990 (ADA) prohibits employers, in this case Ventura County, state and local governments, labor unions and employment agencies from discriminating against a qualified individual with disabilities in job application procedures, hiring, firing, compensation, advancement, job training, and other terms, conditions and privileges of employment. An employer is required to make reasonable accommodation for the qualified applicant's disability, as long as it does not impose an undue hardship on the operation of the employer's business.

King stated in a Justice Department press release, "The Civil Rights Division is committed to protecting the promise of equal employment opportunities for all individuals with disabilities."

In 2008, the EEOC reports to have resolved 15,708 disability discrimination charges, recovering $57.2 million in monetary restitution.

Justice Department Files Lawsuit Against Ventura County, California to Enforce Employment Rights Under the ADA, Reuters/U.S. Department of Justice Press Release, September 3, 2009

U.S. Sues County Over Alleged Hiring Bias, Ventura County Star, September 3, 2009

Ventura County Sues For Failing to Hire Deaf Woman, Mercury News/AP, September 3, 2009

DOJ: County Ignoring Employment Rights for Disabled, Avvo.com, September 4, 2009

Related Web Resources:

EEOC

ADA

Continue reading "Ventura County Sued by Department of Justice Over Disability Discrimination" »

Senator Edward M. Kennedy of Massachusetts, a tireless defender of workers' rights over the past four decades passed away late Tuesday night at the age of 77. As California Employment Lawyers, we have been following Kennedy's career in the Senate of 46 years, and his legal legacy for labor and employment law in America.

As chairman of the Health, Education, Labor, and Pension Committee in the Senate, Kennedy fought aggressively to protect civil rights, implement safety in the workplace, increase minimum wage, and fight for disability rights. Senator Kennedy's legislative efforts have had an enormous impact on employment law for the worker and the employer, as well as the labor and employment lawyers defending employment lawsuits.

According to CNN, Kennedy's first major speech on the Senate floor supported the 1964 Civil Rights Act, which banned gender or race discrimination in public places, places of employment, and schools. Kennedy was also key in passing the Voting Rights Act of 1965 and the Civil Rights Acts of 1991, which worked towards continuing to improve Federal civil rights laws that protect against employee discrimination.

One of Kennedy's great legislative victories was the Americans with Disabilities Act (ADA) passed in 1990, which prohibits workplace discrimination, acting on the fundamental principle that people should be measured by what they are able to do, and not what they are unable to do. The ADA provided as Kennedy said on the 17th anniversary of the ADA, the "promise of a new and better life for every disabled citizen, in which their disabilities would no longer put an end to their dreams."

Kennedy was also one of the key architects of the Family and Medical Leave Act of 1993, which guarantees working families job protection for up to twelve weeks of unpaid leave to care for the birth of a baby, family emergencies, or personal medical issues.

During his tenure in the Senate, Kennedy fought ceaselessly for the federal minimum wage increase. Time magazine reports that during his service as Senator, the federal minimum wage was raised 16 times, even with staunch Republican opposition.

In 1970, Kennedy helped pass the Occupational Safety and Health Act, which led to the creation of OSHA, The Occupational Safety and Health Administration, whose mission is to prevent work-related injuries, illnesses, and deaths. The agency was created in 1971, and since then, occupational deaths have been cut by 62% and injuries have declined by 42%.

A longtime supporter of the Equal Rights Amendment, Kennedy recently oversaw the signing into law of the Lilly Ledbetter Fair Pay Act, a bill that extends the time period in which employees can pursue equal compensation lawsuits. This bill amends title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, modifies the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

Kennedy Championed Workers' Rights, MSNBC.com, August 26, 2009

Edward M. Kennedy, Senate Stalwart is Dead at 77, New York Times, August 26, 2009

Kennedy Remembered As an Advocate for All, CNN.com, August 28, 2009

Kennedy's Top 10 Legislative Battles, Time.com, August 28, 2009

Kennedy on the 17th Anniversary of the Americans With Disabilities Act, July 26, 2007

Related Web Resources:

OSHA

Americans With Disabilities Act of 1990, As Amended

Civil Rights Act of 1991, EEOC

The Voting Rights Act of 1965, United States Department of Justice

Lilly Ledbetter Fair Pay Act, The White House Briefing Room

U.S. Senate Committee on Health, Education, Labor, & Pensions

The U.S. Equal Employment Opportunity Commission (EEOC) filed a disability discrimination lawsuit on Monday against national retail chain Target Stores, Inc., on behalf of Jeremy Schott, a disabled Orange County employee from the Foothill Ranch Target Store. The complaint alleges that Target illegally denied Schott equal rights.

The EEOC claimed in the lawsuit that Target discriminated on the basis of disability by cutting down Schott's work hours because of his cerebral palsy, even though Target hired him in 2002 with full awareness of his mental disabilities, as well as his need for reasonable accommodation.

According to the EEOC, Schott struggled to communicate during in-person meetings, and was promised to have a job coach or parent assist in the process. Target allegedly had full knowledge of Schott's disabilities, yet failed to contact Schott's job coach or family for assistance when discussing work issues and job performance reviews in meetings. Although repeated requests had been made by both Schott's job coach and parents, Schott attended the meetings alone, and was unable to effectively communicate due to his disabilities.

The EEOC claims that Schott was a motivated and qualified employee, and that Target illegally denied Schott an equal opportunity to succeed in his job. The lawsuit accuses Target of violating Title I of the Americans With Disabilities Act of 1990 (ADA) and Title I of the Civil Rights Act of 1991.

The EEOC Press Release claims that the lawsuit was filed in the U.S. District Court for the Central District of California, after the EEOC tried to reach a settlement with Target out of court.

Target reports operation of more than 1,700 stores in 49 states nationwide, which includes 245 Super Target stores. Target is based in Minneapolis.

Target Stores Sued For Disability Discrimination, EEOC Press Release, August 24, 2009

Target Sued Over Disabled Local Worker, The Orange County Register, August 24, 2009

EEOC Sues Target for Disability Discrimination, Los Angeles Times/ AP, August 25, 2009

Target Sued On Behalf of Disabled Employee, The Minneapolis/St. Paul Business Journal, August 25, 2009

Suit Alleges Target Stores Discriminated Against Employee With Disabilities, Disabilityscoop.com, August 25, 2009

Related Web Resources:

EEOC

Continue reading "Orange County Disability Discrimination Lawsuit Filed Against Target" »

As California Employment Lawyers, we have been following the disability discrimination lawsuit against the St. Louis Rams, settled on Wednesday for $134,000. The U.S. Equal Employment Opportunity Commission (EEOC) sued the Rams on behalf of Ron DuBuque, a former assistant trainer for the National Football League team who claimed to be fired for having epilepsy. The U.S. Equal Employment Opportunity Commission (EEOC) sued on behalf of Ron DuBuque, a former assistant trainer for the National Football League team who claimed to be fired for having epilepsy.

DuBuque, an assistant trainer for eleven years with the city's NFL team, had epilepsy throughout his entire employment. The EEOC claims that DuBuque performed his job duties successfully during his tenure with the company. His trauma-induced epilepsy was diagnosed in 1984, more than ten years before he ever began his career with the Rams.

In June 2006, the team management did not renew Dubuque's contract, claiming he was a medical liability, posing a danger to the safety of both his coworkers and himself. In September of 2008, the EEOC filed the suit on behalf of DuBuque in U.S. District Court in St. Louis.

The Rams reportedly denied the claim, but have formally agreed to a compensation of $134,000 to resolve the case-$100,000 in damages, and a $34,000 for a two-year contract that will employ Dubuque as a rehabilitation specialist. This settlement also requires the Rams to provide additional training for the supervisors and managers of the team on the Americans With Disabilities Act (ADA)-providing a workplace free from disability discrimination.

The Rams' chief operating officer Kevin Demoff publicly responded by insisting that the Rams are committed to creating a supportive environment, and a fair workplace for every employee.

Rams Agree to Pay $134,000 to Trainer with Epilepsy, NBC Sports/AP Sports, August 19, 2009

St. Louis Rams to Pay $134,000 For Disability Bias, EEOC Press Release, August 19, 2009

St. Louis Rams, EEOC, and Trainer Settle in Disability Bias Case, Fox 2 Now, August 19, 2009

Rams Agree to Settle Discrimination Case for $134,000, St. Louis Post-Dispatch, August 19, 2009

Rams Settle Employee's Claim, St. Louis Post-Dispatch, August 20, 2009

Related Web Resources:

EEOC

Continue reading "Disability Discrimination Lawsuit against St. Louis Rams brings $134,000 settlement to Long-term NFL Trainer" »