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The Burlington Northern and Santa Fe Railroad Company will pay $2.2 million to settle a genetic testing lawsuit filed by the federal Equal Employment Opportunity Commission. The EEOC charged that Burlington Northern conducted genetic testing as part of a medical exam required of employees who had filed work-related carpal tunnel syndrome claims. Burlington Northern agreed […]
In the first of three cases the U.S. Supreme Court is considering this term that involve the Americans with Disabilities Act, the high court has issued a ruling that will make it harder for workers to prove they are entitled to reasonable accommodation under federal disabilities law. However, as we’ll explain, the new decision, which […]
Norman Hutton, a diabetic who worked for Portland, Ore. based chlorine manufacturer Elf Atochem North America Inc., sued for disability discrimination after he was terminated following a series of on-the-job hypoglycemic episodes. Elf claimed it didn’t have to keep Hutton in his job because his condition created a direct safety threat to the workplace—and now […]
Deborah Wells was employed by Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and another 12 to 15 employees. When Wells was terminated, she sued Clackamas under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. 400+ […]
Kevin Terry, a customer service representative at a Time Warner Entertainment Company office in Fayetteville, Ark., suffered from nocturnal epileptic seizures. His supervisor, Jane Foster, accommodated his condition by allowing him to arrive after the usual starting time and stay later in the evening to make up the missed time. But when angry co-workers complained […]
State and federal courts have made it clear that when an employee is disabled but wants to work, you must go the extra mile to determine whether you can offer a reasonable accommodation. This point was driven home again recently when the Ninth Circuit Court of Appeals upheld a large verdict for an injured employee […]
Karen Brown, a Lucky Stores Inc. supermarket checker, was arrested for drunk driving, possession of methamphetamines and being under the influence of illegal drugs. She missed two work shifts because she was in jail. The court then ordered her to enter a 90-day round-the-clock drug treatment program the next day, forcing her to miss a […]
Jack Epter, a New York City Transit Authority clerk, applied for a promotion to station supervisor. Because the job was physically demanding, the Transit Authority required applicants to pass a physical exam. Applicants over 40 years old also had to undergo an EKG, something younger applicants had to do only if their physical exam or […]
Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]
Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]